Now is the time to have your employees enjoy their holidays!

Saving up a large number of vacation days can be perceived as a major problem by some employers. Not only does a large stockpile of holidays mean that the employee in question may be absent for a longer period (or be paid a large sum per end of the employment), but also (and perhaps more importantly) it prevents employees from appropriately recovering from their work (the so-called ‘recuperation function’ of holidays).

Lesser performance and more sickness absence

The idea is that the employee who never goes on holiday, generally does a lesser job and is more likely to be absent out due to illness. The Dutch law does contain a tool to force the employee to take their holidays in time: statutory holidays not taken within 6 months after the year of accrual at the latest, will lapse, unless the employee has not reasonably been able to use those holidays in that time.

This does however entail an obligation for the employer to actually enable the employee the opportunity to use the holiday entitlements, if and where necessary, to formally encourage the employee to use their entitlements. The employer must inform the employee – in a precise and timely manner – that the employee must take their holidays and that the employee will otherwise lose the right to use those accrued holidays. See also Supreme Court ruling of 23 June 2023.

Information

For employers, this moment (early May), is the perfect time to let employees who still have a considerable number of holidays outstanding, know that they should make use of their statutory holidays and that otherwise their entitlements willl risk being forfeited as per 1 July next.

Contact

With regards to any further questions with regards to the expiry or forfeiture of holidays and the information to be provided to your employees, we are happy to be at your disposal at 088 627 22 20 or send an email to Floris.Asscher@pellicaan.nl