In short: You are legally entitled to a minimum number of vacation days, but you cannot take them without informing your employer or against your employer's approval, if your employer's objections are legitimate.
The Netherlands is known for its strong emphasis on work-life balance, which is reflected in its employment laws. One key aspect of these laws is the right to holidays. While Dutch law provides robust protections for employees, ensuring they can take time off work, there are specific rules and regulations that both employers and employees must follow. So, can you just take a holiday whenever you want? Let's delve into the details.
Minimum holidays
Under Dutch law, employees are entitled to a minimum of four times the number of working days per week in annual leave. For example, if you work a five-day week, you are entitled to at least 20 days of paid leave per year. This entitlement is part of your basic employment rights and cannot be waived or reduced by your employer.
5 day working week: minimum of 20 days of paid leave per year.
4 day working week: minimum of 16 days of paid leave per year.
3 day working week: minimum of 12 days of paid leave per year.
2 day working week: minimum of 8 days of paid leave per year.
1 day working week: minimum of 4 days of paid leave per year.
Scheduling your holidays
While you have a right to take holidays, the timing of your leave is not entirely at your discretion. Here are some key points to take into account:
Agreement with employer: The timing of your holidays must be agreed upon with your employer. Typically, you need to request leave in advance and receive approval before making any travel plans. Employers can refuse your holiday request if there is a valid reason (dutch: 'gewichtige reden'), such as a particularly busy period, inability to arrange replacement for key tasks, or a possible closure of the company. Arbitrary or unjustified refusals can be contested.
Holiday guidelines: Many companies have a holiday plan or policy outlining how holiday requests are handled, including the notice period required and peak times when holidays might be restricted. Familiarize yourself with your company’s policy to avoid any surprises.
Carry-Over and Expiry: Unused holidays can generally be carried over to the following year but must be used within six months after the end of the year in which they were accrued. Some collective labor agreements (CAOs) or company policies may extend this period, so it’s essential to check the specific terms applicable to you.
What to do if your holiday request is denied?
If your holiday request is denied and you believe the refusal is unjustified, you have several options:
Discuss with Employer: Open a dialogue with your employer to understand the reasons behind the refusal and explore alternative dates or solutions.
Consult the Works Council: If your company has a works council (ondernemingsraad), they can provide guidance and support in resolving disputes related to holiday requests.
Seek Legal Advice: As a last resort, you can seek legal advice to understand your rights and options. In some cases, it might be necessary to take legal action to enforce your right to take holidays.
Conclusion
While you have a right to holidays under Dutch law, you cannot simply take a holiday whenever you want. without communicating this with your employer. There are conditions and restrictions in place to ensure that both the needs of the employee and the employer are balanced. By understanding your rights and obligations and communicating effectively with your employer, you can plan your holidays with confidence and enjoy the well-deserved break you are entitled to.
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