Holiday allowance and shift allowance - Legal aid centre

Questioner

Hello, I was allowed to receive my holiday allowance of 8% on my salary. However, I now thought that this allowance was calculated on my salary including (fixed) shift allowance. This is ultimately not the case. According to the employment agency, this is correct and shift allowance is not included in the calculation of the holiday allowance, is this correct? Is the shift allowance not part of my actual salary and should this not be included? From the ABU I do not get much wiser whether this is correct or not.

Lawyer

If the shift allowance is a fixed part of your salary, then you are entitled to holiday allowance (VT) on top of that. From your question I gather that you receive the same shift allowance every week/month. In that case you are right. I advise you to claim the VT from the employer/employment agency by letter (keep a copy) or e-mail. preferably together with your colleagues. If the employer does not pay, you can claim the statutory increase and interest. In that case, I also advise you to contact a specialized labor law attorney.