The holidays are upon us again. In this article, we discuss the difference between official holidays and obligatory days off, so you know what to expect.
Official holidays
In the Netherlands, the following days are considered official holidays: New Year’s Day, Easter (Easter Sunday and Easter Monday), King’s Day, Liberation Day (once every five years), Ascension Day and the first and second day of Christmas. You are not automatically free on these days. Whether this is the case depends on the arrangements in your employment contract or collective bargaining agreement (CAO). If an official holiday is indeed a vacation day for you, this day will not be deducted from your accrued vacation days.
If you have not agreed with your employer that you have time off on an official holiday, but you would like to be, you must file a vacation request with your employer (in writing). Your employer has two weeks to respond to this request. Your vacation request must in principle be accepted. It may only be refused if there are important reasons to do so. For example, if Christmas is the busiest period for your employer and you request leave on Christmas Day, your employer may refuse the request because your absence would seriously disrupt business operations. Your employer must explain the reason for denying your request.
Obligatory days off
Employers may appoint days on which an employee is required to take time off, on days not designated as official holidays. It is common for employers to give employees time off between Christmas and New Year’s Day. For example, because the company is closed during this period. Such a mandatory day off is deducted from the employee’s number of vacation days. The mandatory days off must be included in the employment contract or collective bargaining agreement.
Do you have questions about the agreements in your employment contract? If so, please do not hesitate to contact GMW Lawyers. We can work it out!
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