Rights during renovation: What to do?


Questioner

I currently work for a company for 16 years as a part-timer for 10.5 hours per week on a permanent basis. Now they are going to renovate my department, which means there will be no work in the department in question for the next 3 weeks. Now my question is: am I entitled to paid leave due to renovations or do they have to provide those 10.5 hours of work anyway, even if it is in a different department? I am now expected to use my accrued vacation hours for this.

Lawyer

An employer cannot force an employee to take his accrued vacation days without a compelling reason. Employees retain a claim to wages when they cannot work due to a cause for which the employer is responsible (Article 7:628 BW). However, it may be the case that specific agreements have been made (e.g. in the employment contract or in the case of a collective labour agreement), so it depends on the specific information that is available. If the employer indicates that you are required to take your vacation hours, he cannot force you to do so. If you cannot reach an agreement with your employer, you are advised to seek legal advice. If you have insufficient income, you may be entitled to legal aid, a lawyer can tell you more about this.

Lawyer

In addition to Epping the following. A renovation (and possible closure) falls under the entrepreneurial risk. It is the employer who makes this decision. The (financial) consequences thereof are therefore for his account. He can therefore not force you to take vacation during that period/to write off vacation hours.

Questioner

Thanks for the quick responses. Now I am prepared to work the hours in another department, but nothing is arranged by the company itself. Is the company obliged to offer a suitable solution or do I have to solve it myself?

Lawyer

Yes, the company must arrange a few things. If the company does not arrange anything, you can stay home with your salary and without giving up vacation days. To show your good will, you could ask the employer what work you have to do during the renovation?

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