Rights with Zero Hours Contract and Vacation Days

Questioner

I have entered into an employment contract for one year. It is a zero-hour contract. The agreed hourly rate includes holiday pay. The contract also states the following about my holidays: 'The employee is not entitled to vacation days based on the zero-hour principle. The employee notifies the employer in advance of the desired vacation period and the vacation days are coordinated based on the planned work.' Is this allowed? I have worked an average of 16 hours per week in the past months. Am I not legally entitled to 4*16 =64 hours of paid vacation?

Lawyer

You can claim vacation days of four times the agreed number per week. Holidays are meant to be relaxing. That is why it is not possible to simply deviate from that. I have worked with that successfully before.

Questioner

Thanks for the answer. Does that mean in my case that I can declare vacation days? I get paid per hour, these hours worked are variable and I declare them every month. On average this has been 16 hours / week so far.

Lawyer

Paying out vacation days is almost only possible at the end of an employment contract. You can apply for a permanent contract with the size of the average hours. I recommend that you ask your employer about the motives. When you take vacation days, you are entitled to continued payment of wages.