Vacation days

By F. Jager, 31-06-2022 , HR4Expats

Last updated 09-07-2023 

 

One of the reasons we work is so that we can enjoy a fantastic vacation. However, to enjoy that great vacation, we need to take vacation days. Here are some things you need to know regarding your vacation. 

Dutch law states that employees should have at least 4x their working weeks available for (paid) vacation days per calendar year. That means if you work 5 days per week, you should have at least 20 days of vacation per year. If you work 2 days per week, this will be 8 vacation days, etc. 

In theory, you build up 1,667 days of vacation per month (20 days : 12 months). But in practice, you can enjoy your vacation before you build up 20 days. 


Are you still with me? Let's make it more complicated! 


Your lawful vacation days (4 weeks) are valid until June of the following calendar. This is what we call  NL: wettelijke vakantie dagen. So, your vacation days in 2021 are good until June 2022. However, some companies have more vacation days than 4x the working week. For example, some companies have 5x the working week (25 vacation days based on full-time) per year. Nonetheless, 4 weeks is the minimum number of vacation days. And will expire the June of the following year. 


To give an example. John works at the X-Store for 40 hours per week. He started working at the X-Store this January 2022. At the store, employees receive 5 weeks of paid vacation days per year (4 weeks of lawful vacation days and 1 week of extra vacation). That means John has 25 vacation days. In June, he visited his family in Spain for 4 weeks. Due to his busy schedule, he could not take any other vacation days in 2022. In July 2025, he would like to go a bit longer to Spain. He wants to go for 6 weeks. John can go to Spain for 6 weeks (after his employer gives him permission) because for the year 2025, he has 5 weeks of vacation days, and John still has 1 week of extra vacation days from 2022 (which is valid for 5 years).

These 'extra' vacation days (NL: bovenwettelijke vakantie dagen) are valid for approximately 5 years. That means you can take the 1-week 'extra' vacation days you built up in 2022 and still use them in 2025.


Some other facts you need to know regarding vacation days:

  • If you do not receive a salary, you build up no vacation days (if you go on a sabbatical for 6 months, for example).
  • If you are (long-term) ill, you still build up vacation days.
  • If you are on maternity or adoption leave, you still build up vacation days.
  • The lawful vacation days cannot be exchanged for money (while still employed). Sometimes, you can ‘sell’ your ‘extra’ vacation days.
  • If your contract is terminated and you have remaining vacation days, these can be paid out. NOTE they are taxed very high. On average this is 40%, but check what the rate is for your situation via the link (Tabel voor Bijzondere beloningen, Standaardsituatie, Wit) https://www.belastingdienst.nl/wps/wcm/connect/nl/personeel-en-loon/content/hulpmiddel-loonbelastingtabellen 
  • If you get ill during your vacation, contact your employer. You will receive the days you were sick back as vacation days. Since you cannot enjoy and relax during your time off, these days will become sick days instead. But to do that, you must inform your employer directly when you get ill.


Fun fact! If you send a written request to take vacation days, your employer must respond (verbally or written) within two weeks. If you have no response, according to the law, you can deem your request as approved (Burgerlijk Wetboek Boek 7:638).

There are, unfortunately, some less enjoyable rules entailing vacation days. For example, if it has been written in your contract, your employer can assign when you take your vacation days. Nonetheless, this must always be in consultation with the employee! Think of elementary school teachers, for example; it would be an issue if they took 2 weeks of vacation outside of the regular summer vacation.

An employer can deny your vacation due to unforeseen circumstances. This can only occur when a crisis is so bad that the company cannot operate without you. Moreover, your employer will pay the vacation costs that cannot be refunded. And he must give you the opportunity to take the vacation at another moment.

That are the essential facts you need to know regarding your vacation days. Once again, it is necessary to read the CAO or contract that is implacable to you. It is a bit of a fuss. But once you understand the theory behind vacation days, you will never have to worry again about taking a vacation.

Sources:

  • Burgerlijk Wetboek Boek 7:634
  • G.A. Diebels, De Kleine Gids voor het Nederlandse arbeidsrecht, Deventer: Wolters Kluwer 2020.