Seizure of holiday pay? Get free advice!

Questioner

The following was already determined by the Supreme Court in October 2014 and included in the law. Nevertheless, the seizing party has seized my holiday pay and also confiscated it. 1] Is this allowed? 2] Can I ask the seizing party to refund the confiscated holiday pay? 3] If I am allowed to request a refund of the holiday pay, how exactly should I do that? So should that be done through summary proceedings or can I suffice with a written request for refund to the seizing party? The entitlement to holiday pay is a legally prescribed fixed component of wages and benefits and is distinguished from other forms of additional remuneration, such as a thirteenth month. The entitlement to holiday pay is accrued per month and is usually paid out once a year; the latter apparently to encourage the holiday pay to actually be used for holidays. The above applies, among other things, to the holiday pay that is part of an AOW benefit (Article 31 AOW), which benefit is at issue in this case, and to the holiday pay that is due on wages (Article 17 of the Minimum Wage and Minimum Holiday Allowance Act). The annual payment of holiday pay is not a back payment within the meaning of Article 475b paragraph 3 of the Code of Civil Procedure, because it does not involve a late payment of monthly amounts due. Supreme Court: Judgment ECLI:NL:HR:2014:3068

Lawyer

In some cases it is possible to seize the holiday pay, provided that the income is not minimal. If the income is sufficient, only a portion may be withheld and the attachment-free amount must be taken into account. If this is not done, you or a lawyer can claim this back for you in writing or via the court from the bailiff. If you would like further help and/or advice, you can always contact me.