From next week, public holidays are approaching again. If you work in hospitality, there is a good chance you will need to work during these times, such as on King's Day and Ascension Day, but also, for example, on Whitsun. Does this actually bring any extra benefits? It might. The CLA includes compensation arrangements for working on recognised public holidays.
CLA hospitality
Recognised public holidays are not additional paid days off (like an annual leave day, for example). However, the CLA hospitality includes an extra allowance if you actually work during the public holidays. Initially, you receive compensation in the form of time off. Your employer is obliged to compensate this time off within the three-month period following the respective recognised public holiday. If this is not achieved within this three-month period, you are entitled to payment for the hours worked on a public holiday with a 50% surcharge on your gross hourly salary.
If the public holiday falls on your standard rostered day off or if the company is closed on the public holiday, you will not receive compensation. If the public holiday falls on your (standard) working day but you do not work because the company is closed, you will not accrue negative hours and are therefore paid for the day off.
Recognised CLA hospitality public holidays are: New Year's Day, Easter Sunday and Monday, King's Day, Ascension Day, Whit Sunday and Monday, and Christmas Day and Boxing 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
Are you covered by Part A of the CLA? Then the following applies to you:
Do you work on a recognised public holiday? Then you will receive compensation based on the Irregular Hours Matrix applicable to you, increased by a 100% allowance. This compensation is given as much as possible in time off. The period for this runs from 2 weeks before to 6 weeks after the month in which the public holiday falls.
And what about the saved hours?
Recognised public holidays are included in the calculation of saved hours. If a public holiday falls on a day you normally work, you do not need to use any saved hours. This applies to public holidays during a holiday closure as well as those outside of it.
Recognised public holidays according to the CLA catering Part A are: New Year's Day, Easter Sunday and Monday, King's Day, 5 May every 5 years, Ascension Day, Whit Sunday and Monday, Christmas Day and Boxing 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 the day 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 leave. In that case, you will have to work.
CLA recreation
Have you worked on a public holiday from 02:00 until 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 agreed? 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 agreed? Then it will be assessed based on which days you have worked in the past six months.
Are you a flexitimer or an employee with annual hours 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 to your employer in writing 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). On other days, they can. If a public holiday falls on your usual working day and you prefer to have the day 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 be off. In that case, you will have to work.