Is an employer obliged to pay out allowances for vacation days?

Questioner

If I take vacation days, no shift allowance is paid over my vacation days. This while this is an intrinsic part of my salary. I understand that salary over vacation days should be the same as the fixed components of my normal salary. This was previously also paid by the employment agency over vacation days. My employer now indicates that they have chosen to pay the allowances only for normal working days and sick days and not for vacation days. And because they do this, the percentage of shift allowance would be higher. I had no choice in this. I doubt whether this is allowed. I received an email with an explanation and a sample calculation. I still believe that my salary should in principle be the same during vacation. I can get into financial trouble during vacation because the allowances are not paid then. I asked my employer why they deviate from the ruling of the European Court of 2011. The answer to this was that they have chosen to deviate from payment during vacation and instead pay a higher allowance for work and sick days. This does not feel right to me and I continue to feel that this is not right. Especially because the employment agency did continue to pay (which I also had to follow up on myself) and they said that the conditions would be the same.

Lawyer

A thorough legal investigation would be appropriate here, but I can base you on what generally applies in employment law situations in the Netherlands. A 2011 European Court ruling ruled that an employee is entitled to so-called 'intrinsically linked allowances' during their holidays. These are allowances that are directly linked to the performance of the work, for example shift allowances. The court ruled that an employee is entitled to the 'normal wage' during holidays. In addition to the basic wage, this also includes relevant additional components and allowances that are intrinsically linked to the task that the employee performs and for which a financial compensation is provided. Since your shift allowances appear to fall under the category of 'intrinsically linked', they can be considered as part of your 'normal wage' and you should also be entitled to them during holidays. Furthermore, Dutch law has been adopted from the ruling of the European Court. As a result, it is in principle possible that your employer must continue to pay these allowances during vacation days. It is advisable to seek further legal advice and discuss this with your employer. Should your employer not agree, you may consider taking this to a disputes committee or the courts. Finally, it is important to note that this is a general rule and there may be exceptions to the rule. It is therefore advisable to seek specific legal advice, taking into account all relevant aspects of your situation. I hope this helps and I wish you luck. Also, always make sure you keep any crucial correspondence in these matters. This correspondence can be used as evidence later on. If things are still unclear or there are any issues, consider getting legal advice for further assistance. It may be helpful to get professional advice on this matter.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer