Extra-Statutory Holiday Days in Rijswijk
Extra-statutory holiday days are additional days off on top of the statutory minimum.
Definition of Extra-Statutory Days
All holiday days that exceed the minimum of 4 × your weekly working hours are considered extra-statutory. These extra days are often regulated via a collective labour agreement (CAO) or individual employment contract.
Practical Example
Suppose you have 26 holiday days for a full-time job. Of these, 20 days are statutory and the remaining 6 are extra-statutory.
Forfeiture Period
For extra-statutory holiday days, a forfeiture period of 5 years applies after the year in which they were accrued.
Payout Possible
During employment, extra-statutory days may be paid out (bought off), unlike statutory days.
Taking Order
Due to the shorter forfeiture period, statutory holiday days are deemed to be taken first.
Statutory basis: Article 7:640 BW
Legal Assistance in Rijswijk
For questions about holiday days or other employment law matters, you can go to the Juridisch Loket Rijswijk. In addition, the District Court of The Hague handles cases falling within this district, including Rijswijk.
Frequently Asked Questions about Holiday Days
How many extra-statutory days do I have?
The number of extra-statutory holiday days varies per contract or CAO. By law, you are entitled to 4 times your weekly working hours (for full-time: 20 days). Everything above that is extra. Consult your employment contract or ask your employer for details. For example: with 26 days, there are 6 extra-statutory.
Can my employer pay out these days?
Yes, extra-statutory holiday days can be bought off during your employment, provided this is agreed upon. Written agreement is often required. Statutory days may not be paid out, except upon termination of employment.
What if I do not take my extra-statutory days?
These days forfeit after 5 years from the accrual year. Statutory days forfeit after 6 months. It is wise to use your statutory days first to prevent them from being lost.
Can I take days to a new employer?
No, upon termination of employment, extra-statutory days forfeit, unless otherwise agreed. Only statutory days are paid out upon dismissal. Consult your employer in time about taking or buying them off.
How does this work for part-time work?
For part-time work, both statutory and extra-statutory days are calculated proportionally. If you work, for example, 80% of a full-time job (32 hours), you are entitled to 80% of 20 statutory days (16 days) and a proportional share of extra-statutory days.
Summary
Extra-statutory holiday days are additional days off on top of the statutory minimum of 4 times your weekly working hours. They only forfeit after 5 years and can be paid out during employment. Statutory days have a shorter forfeiture period and must be taken first.
Key Points
- Extra-statutory days are all holiday days above 4 × your weekly working hours (for full-time: 20 days).
- In Rijswijk, you can go to Juridisch Loket Rijswijk for legal questions.