Sometimes a company closes temporarily, for example, for renovations or holidays. A well-known example is the period between Christmas and New Year. Employers often ask their staff to take annual leave during this time to avoid extra costs. But is an employer allowed to do this just like that?
What does the law say?
According to the law (article 7:638 paragraph 2 of the Civil Code), as an employee, you can decide when to take your holiday. Your employer must agree to this unless there is a good reason to refuse. This is called a "compelling reason". Think, for example, of busy periods or insufficient staff due to illness. In such cases, your employer may reschedule your holiday.
Employers and employees can also make agreements in the CLA or in an employment contract. These agreements must be recorded in writing. Therefore, always read your employment contract carefully. If a company regulation is mentioned, make sure to go through it as well. It may contain other agreements.
What are compelling reasons?
A compelling reason means that an employee's holiday must not seriously disrupt the work in the company. For example:
- There is unexpectedly a lot of work.
- Colleagues are already on holiday or sick, resulting in insufficient staff.
As an employee, you also have preferences, such as being off during school holidays if you have children. The employer must weigh your preferences against the interests of the company.
What is an employer not allowed to do?
An employer cannot force employees to take annual leave for reasons that fall under normal business risks, such as renovations or quiet periods. This is unreasonable. Employees should be able to decide when to take their holiday.
The CLA hospitality (article 3.21 paragraph 2) does make an exception if you have too many extra-statutory days, namely: if you have extra-statutory holiday hours from one or more previous holiday years (or calendar years) that have not been taken, your employer may designate the times for taking these hours.
What can you do if you disagree with your employer?
If you disagree with mandatory annual leave, you can:
- Indicate in writing that you are available for work.
- Keep evidence, such as e-mails or letters.
- Contact De Horecabond.