There are statutory and non-statutory vacation days. Legally, an employee has 4 times the working hours per week. So if someone works full-time, 20 days per year. How many non-statutory days an employee has is stated in the labor contract or collective bargaining agreement.
Statutory vacation days expire 6 months after the calendar year in which the vacation days were accrued. So statutory vacation days accrued in 2022, for example, expired on July 1, 2023.
Extra-legal vacation days do not expire until after 5 years, and legal days must always be the first to be deducted from the vacation balance. In addition, vacation days may not simply expire. It follows from case law that employers must actually actively enable and encourage employees to take vacation. Employers must also actively inform employees of the lapse. If the employer does not do this, vacation days may not simply expire.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about vacation lapses. Please feel free to contact us.
June 2024
