What does the hospitality cao say about working on holidays?
Working in the hospitality industry can be challenging, especially when it comes to holidays. Many people wonder about the exact rules. By knowing what the cao says about working on these special days, you will understand your rights and obligations.
This cao affects various aspects of work on holidays. It helps you know which days you can be compensated for. The holiday pay supplement is an important part of this. Additionally, we look at the exceptions that may apply and how employers and employees can reach good agreements together.
Holidays in the hospitality cao
In the hospitality industry, working on holidays is more the rule than the exception. The hospitality cao assumes that work is carried out according to the regular schedule on these days. This means that if someone usually works on Mondays, they will also work on a holiday that falls on a Monday.
Officially Recognized Holidays
To avoid misunderstandings, it is important to know which days are considered official holidays according to the hospitality cao. The recognized holidays are:
New Year's Day
First and Second Easter Day
King's Day
Ascension Day
First and Second Pentecost Day
First and Second Christmas Day
It is important to note that Good Friday and Liberation Day are not considered official holidays in the hospitality cao. Employees working on these days are not entitled to hours compensation.
Difference between fixed and variable rosters
The hospitality cao distinguishes between employees with fixed and variable rosters:Employees with variable rosters:
Can be scheduled to work on holidays.
Are entitled to compensation for hours worked on holidays.
If they indicate beforehand that they do not wish to work, the employer must look for other options, or the employee can take a vacation day.
Employees with fixed rosters:
If their tasks are not offered on holidays (e.g., administrative work), they are entitled to a paid day off.
Employers can choose to offer work on holidays to these employees as well, giving them the right to compensation.
It is important to understand that holidays in the hospitality industry are not automatically considered paid days off. Only employees who actually work on a holiday are entitled to holiday compensation. This compensation consists of time-for-time for a shift that starts on an official holiday, with the extension of the shift after 24:00 hours.
Substitute time off
The primary form of compensation is substitute time off, also known as 'time-for-time'. For each hour an employee works on a holiday, they receive one hour of paid time off. For example, if someone works eight hours on Christmas Day, they receive eight additional paid hours off.
Employers are obliged to grant this substitute time off within three months after the respective holiday. This gives both the employer and the employee the flexibility to find a suitable time to take these compensation hours.
Allowance scheme
If it is not possible to grant the substitute time off within the stipulated period of three months, the allowance scheme comes into effect. In that case, the employee is entitled to a holiday allowance of 50% over the hours worked on the holiday.
This allowance is on top of the regular hourly wage, meaning that the employee receives a total of 150% of the normal hourly wage for hours worked on the holiday. This scheme ensures that employees always receive some form of compensation, even if it is not possible to give extra time off.
It is important to note that some cao's, such as that of the Dutch Horeca Guild, only recognize three official holidays: Christmas Day, Second Christmas Day, and New Year's Day. In these cases, the compensation schemes only apply to these specific days.
Exceptions and special cases
The hospitality cao holidays affect various types of employees. However, there are exceptions and special cases that deserve attention. These situations can impact the compensation and rights of employees during holidays.
Employees without skilled worker status
Not all employees in the hospitality industry have the status of a skilled worker. A skilled worker is an employee aged 18 or older who has demonstrable sufficient experience in the role. This means that he or she has accumulated at least 1976 hours of experience in the same role. Employees who have not yet gained this experience or do not hold a recognized vocational diploma are considered unskilled workers.
For unskilled workers, different rules apply:
They are not entitled to a wage based on the job scale of the wage table.
They receive at least the minimum (youth) wage according to the wage table for unskilled workers and vocational students.
The employment contract stipulates how many hours of experience still need to be gained to become a skilled worker.
It is important to know that the compensation scheme for holidays does not apply to unskilled workers in some cases. This depends on the specific employment conditions arrangement (AVR) that applies to the employment contract.
Administrative Staff
Employees with an administrative role form a special category within the hospitality industry. They often have a fixed roster and perform tasks that are not offered on holidays. For this group, the following rules apply:
If they would normally work on a holiday, they are entitled to a paid day off.
Employers can choose to offer work on holidays to these employees.
If administrative staff work on a holiday, they are entitled to the usual compensation according to the cao.
It is important to note that the hospitality cao assumes that work is performed according to the roster on official holidays. Only if work is actually performed on the holiday is there a right to holiday compensation. This means that a holiday is not automatically considered a paid day off for all employees in the hospitality industry.
Conclusion
The hospitality cao holidays significantly influence how employers and employees handle working during these special days. It provides a clear framework for compensation, with substitute time off or a 50% allowance being the norm. It also distinguishes between different types of employees, such as skilled and unskilled workers, which is important to understand.
Overall, the cao helps to clarify the rights and duties of both employers and employees during holidays in the hospitality industry. It ensures that employees are fairly rewarded for their efforts on these special days, while also giving employers the flexibility to keep their businesses running. By knowing these rules well, both parties can come to good agreements and maintain a pleasant working atmosphere, even during the busy holidays.
