From next week, holidays are coming up again. If you work in hospitality, there's a good chance you'll have to work during these times, such as on King's Day and Ascension Day, but also, for example, on Whitsun. Does that actually bring any extra benefits? It might. In the CLA, there are compensation schemes included for working on recognised holidays.
CLA hospitality
Recognised holidays are not extra paid days off (like, for example, an annual leave day). However, in the CLA hospitality, an extra compensation is included if you actually work during the holidays. Initially, you receive compensation in the form of time off. Your employer is obliged to compensate this time off within the period of three months following the respective recognised holiday. If this is not achieved within this three-month period, you are entitled to payment for the hours worked on a holiday with a 50% surcharge on your gross hourly salary.
If the holiday falls on your standard rostered day off or if the company is closed on the holiday, you do not receive compensation. If the holiday falls on your (standard) working day but you do not work because the company is closed, you do not accrue negative hours and are therefore paid for the day off.
Recognised CLA hospitality holidays are: New Year's Day, first and second Easter Day, King's Day, Ascension Day, first and second Whitsun Day, and first and second Christmas Day.
NOTE: The holiday compensation only applies to skilled workers. Whether you are a skilled worker must be included in your employment contract.
CLA catering
If you are covered by Part A of the CLA, the following applies to you:
Do you work on a recognised holiday? Then you receive compensation based on the Irregular Hours Matrix applicable to you, increased by a 100% compensation. This compensation is given as much as possible in the form of time off. The period for this runs from 2 weeks before to 6 weeks after the month in which the holiday falls.
And what about the saved hours?
In the calculation of the saved hours, recognised holidays are included. If a holiday falls on a day you normally work, you do not have to use your saved hours. This applies to holidays that fall during a holiday closure as well as those outside of it.
Recognised holidays according to the CLA catering Part A are: New Year's Day, first and second Easter Day, King's Day, May 5th every 5 years, Ascension Day, first and second Whitsun Day, first and second Christmas Day.
If you are covered by Part B, the same agreements as in the CLA hospitality apply to you.
Due to the nature of the industry (hospitality and catering), you may be scheduled to work during public holidays. If a public holiday falls on your usual working day and you would prefer to have it off, it is best to request leave in advance. If more of your colleagues want the same day off, it may not be possible for everyone to get the day off. In that case, you will have to work.
CLA recreation
Have you worked on a public holiday between 02:00 and 02:00 the following day? Then you are entitled to compensatory time off. However, this does not apply if you are an auxiliary worker. Additionally, your employer may not schedule you, unless you are an auxiliary worker, on two recognised public holidays per calendar year! Do you have a full- or part-time contract and work on fixed days per week, with these fixed working days contractually established? Then you are entitled to a day off with pay for each recognised public holiday, if the holiday falls on your fixed working day and your company is closed. Are your fixed working days not contractually established? Then it will be assessed which days you have worked in the past six months.
Are you a flexitime worker or an employee with an annual hours norm and are you scheduled on the same day for a continuous period of 6 months or longer? Then you are entitled to a day off with pay for each recognised public holiday if the holiday falls on that same day and the company or a department is closed.
Recognised public holidays according to the CLA recreation are: New Year's Day, Easter Sunday and Monday, King's Day, 5 May in lustrum years, Ascension Day, Whit Sunday and Monday, Christmas Day and Boxing Day.
You may ask your employer to exchange Christian holidays for other holidays based on your religion. You then provide these dates in writing to your employer each year.
Required to work?
Due to the nature of the industry, you may be scheduled to work during public holidays. For two days a year, your employer is not allowed to schedule you (unless you are a recreation assistant). For the other days, they can. If a public holiday falls on your usual working day and you would prefer to have the day off, it is best to request leave in advance. If more of your colleagues also want the day off, it may not be possible for everyone to be off. In that case, you will have to work.