Rights during Holidays and Overtime | Legal Aid

Questioner

Can your boss shorten your vacation and make you work more hours? If you don't, he will take action.

Lawyer

An employer who has a compelling reason to do so can go back on the set date of the holiday and thus prevent the scheduled holiday from being taken. He must first consult with the employee (Article 7:638-5 of the Dutch Civil Code). The employer then sets the holiday at a later or earlier date, which he can then no longer change. When determining the date, the employer must again take the above procedure into account (4.2.2.1.). The employer must compensate the financial damage suffered by the employee as a result of changing the holiday. The employee in turn must limit the damage as much as possible. This does not mean that he can be blamed if he has not taken out cancellation insurance, although most insurance policies do not cover this situation. If you wish, you may contact me directly.

Questioner

Can he force you to work overtime?

Lawyer

If overtime is regulated in the employment contract or collective labour agreement, an employee will be required to work overtime. Otherwise, an employee is required to do so if this is customary in the company or sector in which the employee works. If such a custom does not exist, the employer can also require an employee to work overtime if the company's interests require this.