Vacation days in the hospitality: what are you entitled to?
Working in the hospitality industry is dynamic and demanding. Long days, flexible working hours, and high work pressure are often part of the job. But what about vacation days? What are your rights as a hospitality worker? In this article, we explain it.
Statutory and non-statutory vacation days
Every employee in the Netherlands is entitled to a minimum number of vacation days. This is determined based on the workweek:
Statutory vacation days: You are entitled to four times the number of days you (on average) work per week. For example, if you work five days a week, you are entitled to 20 statutory vacation days per year.
Non-statutory vacation days: In the hospitality collective labor agreement (cao), it has been agreed that, in addition to statutory vacation days, you will accumulate extra vacation days. For example, if you work (on average) five days a week, you get 5 extra vacation days.
Accumulation of vacation hours
You accumulate a total of 0.096 hours of vacation for every hour worked, of which 0.0768 hours are statutory and 0.0192 hours are non-statutory. This means that with a full-time position (38 hours per week), you accumulate 190 vacation hours per year, which amounts to 25 days (20 statutory and 5 non-statutory days).
You accumulate vacation hours not only for the hours you actually work, but also for things like taken vacation days or during sickness. Additionally, you accumulate vacation for compensation hours, such as holiday compensation (if the hours are compensated in time off) and overtime compensation (if the hours are compensated by payment).
Sick during vacation
If you become sick during your vacation, it is important to report this to your employer immediately. The days you are sick will not be counted as vacation days, but as sick days. This means you can take those vacation days at a later time. Your employer may ask for a doctor’s note or other documentation as proof of your illness, but you are not required to provide medical details. Therefore, make sure that, if necessary, you visit a doctor and keep the required documents. Make clear agreements with your employer about how and when you can make up for the missed vacation days.
Loyalty leave
If you have been employed by your employer for 10 years or more, you will accumulate extra vacation hours per vacation year (or calendar year). These extra hours vary from 7.6 hours after 10 years of service to 19 hours after 25 years or more. If you work part-time, you accumulate the extra leave hours proportionally.
Expiration of vacation days
Vacation days do not last indefinitely:
Statutory vacation days: These expire six months after the vacation or calendar year in which they were accrued. Your employer must inform you in time that your vacation days are expiring and allow you to use them.
Non-statutory vacation days: These expire five years after the vacation or calendar year in which they were accrued. Unused vacation hours from previous vacation or calendar years can be scheduled by your employer.
Taking vacation
Want to take vacation? Submit a written request to your employer, for example, through the scheduling system you use at work. In this request, specify when and for how long you want time off. Your employer must respond to your request within two weeks. If they do not, the vacation is generally confirmed.
Can your employer refuse your vacation request?
In the hospitality industry, it is not always possible to take vacation at any time. Your employer can refuse your vacation request if taking leave would severely disrupt operations. This may happen during busy periods such as the holidays or summer months, when hospitality businesses are at their busiest. Temporary understaffing can also be a reason for an employer to reject a vacation request.
Additionally, your employer can refuse your vacation request if a colleague has already requested leave for the same period. Employers must ensure minimal staffing, and when too many employees are off, your request may be denied to maintain business continuity.
To avoid disappointment, it’s a good idea to review the collective labor agreement and the agreements within your company. Often, there are fixed periods during which vacations are easier to take. By discussing with your employer in advance and requesting time off well in advance, you increase the chance that your vacation will be approved at the desired time.
Can your employer force you to take vacation days?
In some cases, an employer can require you to take vacation days. This may happen if a hospitality business is temporarily closed, such as during the period after Christmas or around New Year’s. In such situations, employers can decide that employees must take mandatory leave, but this must be clearly stated in the contract or collective labor agreement.
It is important to know in advance whether and when there are mandatory leave days so you can factor this into your own vacation plans. This is often indicated in a work schedule or employee handbook. If you have doubts about this arrangement, it’s advisable to discuss it with your employer or consult the collective labor agreement.
How do I know how many vacation days I (still) have?
The number of vacation days you have accumulated depends on your contract and the number of hours you work. You can usually find this information in your employer’s payroll or HR system, where it shows how many vacation days you have taken and how many are still available. If you don’t have immediate access to this information, you can easily calculate it yourself.
Calculation example
Let’s say you work (on average) 24 hours per week and are entitled to four times the number of days you work per week in vacation days. If you work three days a week, you are entitled to:
3 days x 4 = 12 vacation days per year.
These are the statutory vacation days. Any non-statutory vacation days will be added on top, depending on the collective labor agreement and your employer.
If you have already taken 7 vacation days in July, you still have 5 vacation days left.
Tip: Keep track of your vacation days in Excel
To prevent running out of vacation days at the end of the year or having unused days expire, it’s smart to keep track of your vacation days in your own Excel sheet. In this sheet, you can record each month:
How many vacation days you’ve accumulated
Which days you’ve taken off
How many vacation days you still have left
This way, you stay on top of your vacation days and avoid running out of leave days unexpectedly.
Conclusion
As a hospitality worker, you are entitled to both statutory and non-statutory vacation days. The exact number depends on your contract and the applicable collective labor agreement. Make sure to carefully read your contract and ask your employer about specific arrangements. Want to know more about your rights? Check the website of the trade union or the collective labor agreement for the hospitality industry.
This article has been reviewed by:
Sander (A.J.C.) Theunissen
Employment Lawyer (Counsel) - CLINT | Littler
Sander (A.J.C.) Theunissen has over fifteen years of experience and specializes in labor law and works council law. He has gained experience in labor law for the hospitality industry, among other areas.