Sometimes a company temporarily closes, 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?
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 unless there is a good reason to refuse. This is called a "compelling reason". Think, for example, of a busy period 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 documented 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 should not seriously disrupt the company's work. 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 carefully weigh your preferences against the company's interests.
What is an employer not allowed to do?
An employer cannot force employees to take annual leave for reasons that are part of the normal business risk, such as renovations or quiet periods. This is unreasonable. Employees must 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 statutory days, namely: if you have 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 holidays, you can:
- Indicate in writing that you are available for work.
- Keep evidence, such as emails or letters.
- Contact De Horecabond.