Overflowing vacation hours
Questioner
My employer wants to cancel overflowing vacation hours as of 13-03. There is nothing about this in my employment contract (we do not have a collective labor agreement). It is now argued that in an Excel sheet in which absences are recorded, there is a note: "Use previous year's holiday credit < March 31" and "Maximum transfer days to new year = 10 Surplus days > 10 will be paid out in March' Does my employer still have to adhere to the legal date of July 1, 2022? The website of the Dutch government states: 'A longer expiry period may have been agreed upon in a collective labour agreement or written agreement.' This does not mean that the employer may shorten this expiry period. I'd like to hear itLawyer
There is a difference between statutory and extra-statutory holidays. Legally, you are entitled to vacation equal to 4x the number of hours you work per week. So if you work 40 hours per week, you are entitled to 160 hours of vacation. And that is equal to 4 working weeks. The statutory vacation days expire as you yourself also indicate on July 1. No more disadvantageous agreements can be made about the expiration of statutory vacation days. Deviations from this can only be made in favor of the employee. This is regulated in art. 7:640a BW. Extra statutory holidays only expire after 5 years. Please feel free to contact me via my profile if you have any questions or require legal assistance.Take the next step
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