Chapter 5Days off and holiday leave

General

In the case of a full contract of employment, employees are entitled every year to at least 104 weekend days or compensation of those days, 27 holiday days, 12 atv days and a maximum of 7 public holiday days, insofar as they fall on a working day. (See the Article Public holidays).

Article 5.1 | Days off

1. For each unbroken period of 13 weeks, a minimum of 18 days off are scheduled, of which at least 5 x 2 days are allocated consecutively.
2. Employees are entitled to at least 13 free Sundays per year (period of 52 weeks).
3. Employees are entitled to at least 8 performance-free days per month, of which at least 6 are completely free (i.e. with no rehearsals).

Article 5.2 | Public holidays

The following count as public holidays: 25 and 26 December, 1 January, Easter Sunday and Easter Monday, Whit Sunday and Whit Monday, Ascension Day, the King’s Birthday and once every five years 5 May. Employees who have to work on a public holiday are compensated with a special free day on a date to be agreed.
Employees may request the employer to exchange the aforementioned days (or one of them) for holidays and festivals related to their own cultural background or beliefs. The employer will agree to this request, in principle, providing it fits in with the company’s schedules and performance dates.

Article 5.3 | Holiday leave and atv days

1. In the case of full-time employment, the employee is entitled to 27 days of holiday leave. The employer gives the employee the opportunity to take the days of holiday leave, in compliance with the other provisions in this Article. With regard to the lapsing of days of holiday leave, the statutory provisions are applicable.
2. In the case of a 40-hour working week and a full-time contract of employment, the employee is entitled to 12 atv days. In agreement with the employee participation body, a maximum of 6 of these 12 atv days can be allocated as half days. The employer gives the employee the opportunity to take atv days, in compliance with the other provisions in this Article. Atv days that are not taken will lapse at the end of the year for which they have been allocated.
3. In agreement with the employee participation body, the employer can set collective holiday periods, which are announced before 1 January of the year concerned. In the case of unforeseen circumstances, collective holiday periods may be communicated by 1 March of the year concerned at the latest. Employees give notice in good time of when they are planning to take the other, non-collective agreed days of holiday leave. Employees on a contract of employment of at least one year are entitled to a continuous holiday of at least 3 weeks per year.
4. The employer and employee may agree to cancel the days of holiday leave and/or atv days that exceed the legal number. In that case, employees will receive compensation for these days on the basis of their hourly wage.
5. With the agreement of the employee participation body, the employer can make an arrangement for all employees or for certain groups of employees for saving up atv days until a subsequent year or until the end of the contract of employment.
6. Employees can choose to exchange their end-of-year bonus (see the relevant Article in the chapter Salaries) for three extra days of holiday leave, in the case of a full-time contract of employment. In the case of part-time contracts of employment and periods of employment shorter than 12 months, this will apply proportionately. These extra days of holiday leave are taken in agreement with the employer.

Article 5.4 | Accumulation of holiday leave during incapacity for work

Employees who are incapacitated for work accumulate holiday leave over the whole period of their incapacity for work. When to take the accumulated holiday leave is agreed by the employer and the employee, in compliance with the legal period of limitation.

Article 5.5 | Special leave

1. Under the Work and Care Act (WAZO), the employee is entitled to short-term care leave of a maximum of twice the working hours per week. Contrary to the legal entitlement of continued payment of 70% of the salary, the employee is entitled to continued payment of 100% of the salary in the case of short-term care leave. With regard to allocation, and possible refusal of allocation in the case of conflict with urgent organisational interests, the legal provisions will apply.
   With regard to all other forms of special leave covered by the WAZO, the legal provisions will apply. See http://wetten.overheid.nl/BWBR0013008/.
2. The employee is entitled to special leave with full pay in the following cases:
   • if the employee’s spouse, registered partner, legal cohabitant, person with whom the employee acknowledges the child, surrogate mother or co-parent gives birth: the working hours of one week (in accordance with the legal regulations). For supplementary leave, see https://www.rijksoverheid.nl/onderwerpen/geboorteverlof-en-partnerverlof.
   • in the event of the death of the employee’s (adoptive) parents, partner/co-parent and/or children: from the day of decease up to and including the day after the funeral, or another period to be agreed between employer and employee, whereby reasonable account is taken of the needs of the employee and their personal situation.
   • in the event of the death of the employee’s (adoptive) grandparents, brothers/sisters and parents-in-law: two days, or another period to be agreed between employer and employee, whereby reasonable account is taken of the needs of the employee and their personal situation.
3. The employee is entitled to special leave with full pay, insofar as the activities of the company are not unduly disturbed by it, in the following cases:
   • for the wedding of the employee: three days;
   • if the employee moves house: one day;
   • if the employee who is a member of a trade union takes part in meetings, board meetings and consultations about terms of employment or CAO matters.