Can my employer implement this holiday policy?

Questioner

My employer has introduced a new holiday policy and I am wondering whether this is allowed. Employer has set a summer holiday period of 9 weeks, namely the 6 weeks of school holidays + 3 weeks after (23/7 to 25/9). During this period I am obliged to take 3 weeks off. Because I no longer have children in school, I do not want to go on holiday during the high season. And now comes the point. My employer has included the following provisions in the holiday policy: - no time off may be taken in the week in which Ascension Day falls - no time off may be taken between Ascension Day and Pentecost - no time off may be taken in the week in which Pentecost falls - no time off may be taken in the months of November and December - no leave may be taken in the full month before the established summer holiday period - no leave may be taken in the full month after the established summer holiday period - Outside the 3 weeks of summer vacation, it is not permitted to take more than 1 week off (the company has too low an occupancy rate for that) Purpose of this holiday policy: to ensure that sufficient employees are present at all times to guarantee the work (minimum 60% occupancy) This makes it impossible for me to go on holiday outside the high season (1 week is really too short for me) I look forward to your response, Yours sincerely,

Lawyer

The starting point is that vacation is determined at the request of the employee. The employer is obliged to give the employee the opportunity to take the vacation to which the employee is entitled each year (art. 7:638 BW). The employer may refuse a request for vacation if there are important reasons. At first glance, this does not seem to be a reasonable vacation policy. I do not know all the circumstances of the case, but as you indicate, it becomes very difficult to take vacation. As long as there are no weighty reasons for such a strict policy, a vacation request should not simply be refused if the vacation is possible in that period (perhaps that 60% occupancy is not necessary in that period, or there are enough employees present). Please feel free to contact me if you have any further questions or require legal assistance.