You are entitled to holiday with full pay. By law, the minimum number of holiday days to which you are entitled each year is four times the number of working days a week. In
the case of full-time employment, you are therefore entitled to 20 holiday days a year (4 x 5 working days a week).
Holiday days are accrued in the course of a year. If you have been working somewhere for less than a year, the number of holiday days to which you are entitled will be
calculated on a proportional basis. If you are working for 25 hours a week on a part-time basis, you are entitled to 100 hours
of holiday (4 x 25 hours a week).
More holiday days in the Netherlands
You are entitled to a minimum number of holiday days in the Netherlands. It is possible, however, that you will be entitled to more. Additional days can sometimes be accrued by older employees, for example. Additional days may also be accrued for length of service at a company.
Holiday entitlements according to a collective labour agreement in the Netherlands
A collective labour agreement (CAO) may include agreements about holiday entitlements. Therefore, remember to consult your collective labour agreement if you wish to learn more about your holiday entitlements.
Do you accrue holiday days during pregnancy leave and absence due to illness in the Netherlands?
You will also accrue holiday days during pregnancy leave and maternity leave, and during a period of absence due to illness.
If you are ill for an extended period of time, this accrual will be limited to the last half year. If you become partially occupationally disabled due to illness, you will accrue
holiday days based on the hours that you still work. Accrual of holiday allowance continues during periods of illness.
When are you entitled to holiday allowance and holiday pay, and how much are they?
You will continue to be paid during a holiday (holiday pay). In addition, you are entitled to a holiday allowance equal to eight percent of your gross yearly salary. Employees aged
65 or over do not have a legal right to the minimum wage but are entitled to the minimum holiday allowance.
Payment of holiday allowance in the Netherlands
The holiday allowancen in the Netherlnads is paid out by your employer at least once a year. This payment is usually made at the end of May or beginning of June. If other agreements have been made in the collective labour agreement (CAO) or employment contract, or if the matter concerns temporary employment agency work or holiday work, the holiday allowance
may, for example, be paid out on a monthly basis. Your employer must specify the amount when paying it out.
When can you take days as holiday in the Netherlands?
Your employer must in principle agree with your holiday plan but may deviate from this rule in two cases:
- a collective holiday period has been established, such as in the construction and education sectors, or specific agreements have been set out in the employment contract;
- your holiday plan constitutes a major problem for business operations. In that case, the employer must agree to an alternative holiday period of two weeks or to two one week holidays.
Establishing the holiday
You must submit your holiday plan to your employer. After receiving this plan, your employer has two weeks to make any objections known in writing. If he does not do so, the holiday will be established. A different period may apply for holiday days in excess of the statutory minimum amount. The applicable period must, however, be set out in writing in advance.
Taking a minimum number of days as holiday
Each year, you must be able to take the minimum number of days to which you are entitled as holiday. Your employer may not object to you doing so, even on the grounds
of ‘major business interests’.
Taking days as holiday in the form of free hours
It is possible to take days as holiday in the form of free hours. This however only applies to the holiday days remaining after subtraction of a minimum of a long two-week holiday
or two one-week holidays. Your employer may object to such free hours on the grounds of ‘major business interests’.
May you trade in holiday days?
Additional holiday days may be bought off. This means that accrued holiday days may be ‘traded in’ for money. Only days in excess of the statutory minimum number of holiday
days a year or additional holiday days accrued in previous years may be traded in. Note that these may not be legally obligatory holiday days accrued in previous years.
Your employer is not obliged to buy off your holiday days even if you want him to do so. Conversely, you are not obliged to trade in your holiday days even if your employer wants you to do so.
May your employer in the Netherlnads ask you to trade in holiday days for days of absence due to illness?
Holiday days can in principle be traded in for days of absence due to illness. You can make agreements in this regard with your employer in advance or your employer can ask
you to take days as holiday at the time in question.
Example: You work full-time and are entitled to 24 holiday days a year. You become ill on 1 July and return to work six months later, which means that you worked for half a year. On the day on which you became ill, you were entitled to, for example, 50 holiday days (38 already on the balance and a further 12 accrued in the first six months). You accrue a further 12 days during the period of illness. After half a year of illness you are therefore entitled to 62 holiday days (50 + 12), of which 24 belong to the current year. Only of those 24 days may the days in excess of the statutory amount be used to make trade ins. According to new, prevailing legislation, if you have agreed with your employer in writing that days of illness will be designated as holiday days taken, you must therefore turn in four days (24 - 20). You therefore do not have to turn in holiday days accrued in previous years and holiday days that form part of the minimum holiday entitlement of the current year.
Considered on a case-by-case basis
In the case of exceptional leave, for example emergency leave, your employer may retroactively ask you to turn in holiday days. Your permission is required for this to be
done and only holiday days in excess of the statutory amount and holiday days accrued in the previous year may be used for the purpose.
Advance agreement with your employer
You can agree in advance, for example when entering into the employment contract, that you will trade in holiday days for days of absence due to illness. Such an agreement will
only be valid if it has been concluded in writing. It is not the purpose of such agreements for you to lose all accrued holiday days in the
event of illness. For this reason, only holiday days in excess of the statutory amount of the current year can be traded in.
Days that cannot be traded in
Days forming part of pregnancy leave and maternity leave may not be designated as holiday days for purposes of trading in.
May you trade in holiday days for other terms of employment in the Netherlands?
Holiday days can also be accrued while you are not working. This is the case during pregnancy leave and maternity leave, and during periods of absence due to illness. It is
possible that you do not require more free days. You might, for example, prefer to attend a training course or be paid for those days instead. You can make arrangements regarding
this with your employer. These arrangements must be put in writing. Such arrangements will only apply to holiday days in excess of the statutory amount.
What will happen to your accrued holiday days if you change jobs in the Netherlands?
If you change jobs, you will in most cases be able to take your remaining holiday days before switching to your new employer. In some cases, however, doing so is not possible.
Your employer may ask you to remain at work until the end of the employment contract. If you are required to do so, however, your employer must be able to provide substantial
arguments, such as the lack of a suitable replacement, for example.
Payment and transfer of holiday entitlement to new employer
If you have not been able to take your holiday days, you will receive payment for them when your employment contract ends. In addition, your employer is obliged to issue a
statement to you which specifies the number of days or hours of holiday that you are still entitled to. These days or hours of holiday can be transferred to the next employer. Your
new employer is obliged to allow you to take these days or hours of holiday, though is not obliged to buy them off.
Trading in additional holiday days
If you are paid for more days than the minimum number of holiday days to which you are entitled by law, you can trade in the additional holiday days of the current year to attend a
training course or for an amount in payment.
Source: ministerie van Buitenlandse Zaken (BZ)