Can an employer enter vacation days without permission?

Questioner

I went on unpaid leave from my employer in December until the beginning of April, this had been discussed in advance. At that time I had to go to Spain due to private circumstances, when I went back into service I did not receive a full salary for 2 months without hearing anything and only 60 euros holiday pay, when I asked how this happened, their answer was that they had given me too much salary when I was in Spain, at the time I was in Spain I did not have internet banking so I did not know this at that time, but so they decided to compensate it by withholding it from my salaries afterwards, my first question was can that just be done without consultation? Because I had taken into account that I would simply receive full salaries also because I had bills, now I have quite a lot of debts due to a mistake that is ultimately due to my work. Then a few weeks later I saw that I suddenly had no vacation days, I asked how that was because I have not used anything this year, to which HR said that I received a salary in January and that they had therefore filled in all my vacation days without my permission (I was also on unpaid leave at the time). I went to my employer and told her what had happened and that I was now in debt and had no vacation days thanks to HR. She replied that there had indeed been poor communication, but that they could no longer do anything for me.

Lawyer

In principle, your employer has paid you a salary without obligation and the employer may therefore reclaim it. However, the employer may not simply offset such a claim. Offsetting may only take place with the employee's permission. In addition, the employer may not withhold your entire salary, or at least a payment of at least the exempt amount must always take place. Offsetting vacation days without permission and/or consultation is also not permitted. So you are within your rights to claim your full salary and simply leave the vacation days as they are. So you would do well to hire a lawyer to resolve this situation in a proper manner. You can therefore contact me to specifically see what I can do for you to resolve this situation. This can be done via Boksjuristen.nl. Good luck and perhaps I'll hear from you.