Every Embassy will at some point come across Dutch law. Whether it concerns hiring local staff members, holiday regulations, dismissal, or questions from companies from the home country.
In this newsletter Russell Advocaten will put in order the most relevant aspects of holiday entitlements and holiday allowance.
Statutory holiday entitlements
In the Netherlands, employees are entitled to a statutory minimum of holiday days per year (four times the number of working days per week). Most employers grant additional holidays. During sick leave and pregnancy leave employees continue to accrue holidays. Up until 1 January 2012, holidays from previous years could be “saved”. Since 1 January 2012, employees must take their statutory holiday days (20 days in the event of full-time employment) within half a year after the accrual year, otherwise they will lapse. Additional holidays (in addition to the annual statutory minimum) will lapse after five years.
Since 1 January 2012, sick employees have the same statutory holiday entitlement as other employees. As a good employer, Embassies have to observe that holiday days are recorded correctly, so that the proper number of holiday days will be recorded for all employees, no matter whether sick or not.
Each employee in the Netherlands is entitled to a statutory minimum holiday allowance of at least 8% of his gross annual wage to a maximum of three times the yearly minimum wage. The holiday allowance must be paid yearly and is usually calculated over the period 1 June to 31 May.
According to the law, holiday allowance must be paid in June, unless otherwise agreed upon in writing.
This newsletter provides a brief insight into Dutch employment law and the potential consequences for your Embassy. But the Embassy desk of our firm also focuses on:
- Rent law / Real estate
- Investment / Doing business in the Netherlands
- Matrimonial issues
- Immunity issues
Head of Embassy Desk