The holiday season is approaching again. Employees may want to take a few days off for this occasion, or there may be questions about whether a Christmas package from the employer is to be expected this year. What labor law regulations apply during the holidays? You can read about it in this blog.
Requesting Time Off During the Holidays
Many employees will want to take a few days off around the holidays. If work is still required during this period and the company does not close for an extended time, an employee can submit a leave request to enjoy some time off. Leave requests are usually approved according to the employee’s wishes. An employer can only deny a leave request if there is a valid reason, such as insufficient staff or significant disruption to operations. It is important for the employer to inform the employee within two weeks after the request whether the leave has been approved or denied. If the employer fails to do so, the leave request is automatically approved according to the employee’s wishes, provided there is sufficient leave balance.
Holiday Pay?
If you do not request time off and must work on the holiday itself, the question arises whether you will be compensated for this. The law does not stipulate compensation for employees who must work during the holidays. Therefore, a bonus for working on Christmas Day is not mandatory. However, many collective labor agreements (CAOs) include provisions for bonuses or compensation for working on a holiday. This may also be specified in an employment contract or handbook. It is important to check the employment contract, handbook, and any applicable CAO for this information.
Christmas Package?
Additionally, many employers give their employees a Christmas package around the holidays as a thank you for their services over the past year. Sometimes an employer has given this package for many years but decides not to provide one this year. Is this allowed? Can employees claim a right to it? According to case law, giving a Christmas package to employees is considered a discretionary gesture from the employer, and employees cannot derive any rights from it.[1] A Christmas package is more akin to a gift, making it unlikely for a right to be established.
In Conclusion
Taking time off during the holidays or receiving holiday pay is not a given. The same applies to receiving a Christmas package from your employer.
If you have any questions about your rights and obligations during the holidays or any other labor law inquiries, feel free to contact GMW lawyers. GMW lawyers wishes you happy holidays and a good 2025!
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[1] Rechtbank Midden-Nederland, 1 February 2024, ECLI:NL:RBMNE:2024:1783.