Holiday Pay Payout Rights in the Netherlands

Do you have leftover holiday days at the end of the year and wonder if these must be paid out? This is a common situation many employees in the Netherlands face. It can be frustrating when you don't know what your rights are and whether your employer is obligated to pay out your remaining holiday days under Dutch law. Fortunately, there are clear rules that determine when payout must or must not happen.

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What's the situation?

Many employees in the Netherlands cannot take all their holiday days within the calendar year due to work pressure, illness, or other circumstances. This leads to questions about what happens to these remaining days. Some employers refuse payout and claim the days expire, while others are willing to pay out. It's important to know that different rules apply under Dutch law depending on why the holiday days weren't taken. The legislation makes a clear distinction between various situations.

What does Dutch law say?

The Working Hours Act (Arbeidstijdenwet) and the Dutch Civil Code (Burgerlijk Wetboek) contain the main rules about holiday days and payout. Article 7:638 BW (Dutch Civil Code) regulates employees' holiday entitlements and when payout must occur. Dutch law distinguishes between statutory holiday days (minimum 20 days for full-time employment) and additional holiday days agreed in the employment contract or collective agreement (CAO). It also matters whether the employment relationship is ongoing or has ended.

1Article 7:638 BW (Dutch Civil Code): Employees are entitled to at least 4 times their weekly working hours in holiday hours per year

2Article 7:641 BW (Dutch Civil Code): Upon termination of employment, unused holiday days must be paid out

3Article 7:642 BW (Dutch Civil Code): Holiday days expire 6 months after the end of the calendar year, unless the employee couldn't take holiday due to illness or other urgent reasons

What are your rights in the Netherlands?

Your rights depend on your specific situation and whether it concerns statutory or additional holiday days. It's important to know that Dutch law protects employees well against simply losing holiday entitlements.

1Payout upon dismissal: All unused holiday days (both statutory and additional) must be paid out when your employment ends

2Illness as protection: If you couldn't take holiday days due to illness, these don't automatically expire after 6 months and you can demand payout

3Employer must provide opportunity: Your employer must give you the chance to take holiday; if they refuse this, payout must occur

4Additional days: Different rules often apply to extra holiday days according to your employment contract or collective agreement (CAO), but these may not be unreasonably unfavourable

What can you do now?

Follow these steps to get your holiday days paid out or to gain clarity about your rights under Dutch employment law.

1Check your employment contract and any collective agreement (CAO) to see what's agreed about holiday days and payout

2Ask your employer in writing for payout of your remaining holiday days and explain why you couldn't take them

3If your employer refuses, send a formal letter emphasising your legal rights under Dutch law and giving a reasonable deadline for payout

4If they continue to refuse, you can start proceedings at the subdistrict court (kantonrechter) or seek help from the Legal Counter (Juridisch Loket) or an employment law solicitor

Template letter

MijnRecht.AI can help you draft a professional letter to your employer requesting payout of your holiday days. This letter contains the correct legal arguments and references to relevant articles of Dutch law to increase your chances of success.

Where can you get help?

For help with holiday pay disputes in the Netherlands, you can contact various organisations. The Legal Counter (Juridisch Loket) offers free initial advice on employment law questions. For more complex cases or if you want to start proceedings, you can contact a specialised employment law solicitor. Disputes about holiday days are handled by the subdistrict court (kantonrechter), where the employer must prove that you had the opportunity to take holiday.

Conclusion

Getting holiday days paid out isn't a favour from your employer, but often a legal right you can claim under Dutch employment law. With the right knowledge and approach, you can ensure you get what you're entitled to as an expat in the Netherlands. Don't let yourself be fobbed off and take action to get your holiday days paid out.

Frequently Asked Questions

Do my holiday days always expire after 6 months in the Netherlands?

Must my employer also pay out additional holiday days?

Can I always have holiday days paid out instead of taking them?

What if my employer says payout isn't possible?

How is holiday pay payout calculated in the Netherlands?

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