Entitled to ATV days?

Questioner

Since 2017 I have not known that we have atv days, we work 40 hours a week. Am I still entitled to all the atv days of the past years? Can I have them paid out? I cannot find this quickly in the collective labor agreement for textiles and related matters. My boss wants to give us time for time. If I agree to this, tvt, are these then a kind of extra-legal vacation days as well?

Lawyer

Art. 2.2 states: 'These 2 free hours can be taken in different ways, in time or in money. The employer decides how - in good consultation with the Works Council, PVT and individual employees. If the ATV is paid in money, the value of ATV day is 0.43% of the gross annual salary.' It is important to check whether something has been arranged within the company on this subject. In any case, there must be consultation, it is in principle not one-sided. If I read art. 2.8 correctly, vacation days normally expire after 5 years. The same does not necessarily apply to ATV days, but in this case we can connect to that. In addition, you did not know that you were entitled to ATV days. It is important to record any agreements properly and to agree on a clear term if you choose, for example, time for time. Please feel free to contact me via my profile if you have any questions or require legal assistance.