Extra-statutory Holiday Days in Utrecht
Extra-statutory holiday days are additional days off beyond the statutory minimum.
Definition of Extra-statutory Days
All holiday days that exceed the minimum of 4 × your weekly working hours are extra-statutory. These are usually determined by 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 6 days are extra-statutory.
Forfeiture Period
For extra-statutory holiday days, a forfeiture period of 5 years after the accrual year applies.
Payout
During your employment, extra-statutory days may be paid out, unlike statutory days.
Order of Taking Leave
Statutory holiday days must be taken first due to their shorter forfeiture period.
Statutory basis: Article 7:640 of the Dutch Civil Code (BW)
Frequently Asked Questions about Holiday Days
How many extra-statutory days do I have?
This depends on your contract or CAO. Statutorily, you are entitled to 4 times your weekly working hours (20 days for full-time). Additional days are extra-statutory. Ask your employer or consult your agreement. For example, with 26 days, there are 6 extra-statutory.
Can my employer pay out extra-statutory days?
Yes, during your employment, extra-statutory days may be bought out, provided this is agreed upon. Written consent is often required. Statutory days may only be paid out upon termination of employment. Check your CAO for specific conditions.
What if I do not take my extra-statutory days?
These forfeit after 5 years from the accrual year. Statutory days forfeit after six months. Therefore, take your statutory days first. Ask your employer for an overview of your holiday days.
Can I transfer extra-statutory days to a new job?
No, upon termination of employment, these days forfeit unless otherwise agreed. Only statutory days are paid out upon dismissal. Discuss timely with your employer regarding taking or buying out.
How does the calculation work for part-time work?
For part-time work, both statutory and extra-statutory days are calculated proportionally. If you work, for example, 30 hours (75% of full-time), you are entitled to 75% of 20 statutory days (15 days) and a proportional share of extra-statutory days. Check your contract for details.
Legal Assistance in Utrecht
Court: District Court of Midden-Nederland, Vrouwe Justitiaplein 1
Juridisch Loket: Juridisch Loket Utrecht, Catharijnesingel 55