Statutory Minimum Holiday Days
In the Netherlands, and therefore also for residents of Utrecht, every employee is entitled to a minimum number of holiday days per year, as established by law. This minimum is essential for Utrecht residents balancing work and life in a dynamic city like the Domstad, where sectors such as education, healthcare, and technology exert significant pressure on the workweek. The number of days is based on the workweek and calculated pro rata for part-time employees. This article for Utrecht residents explains exactly what this minimum involves, how to calculate it, and the associated rights and obligations, with tips for local advice through Het Juridisch Loket Utrecht.
What are statutory minimum holiday days?
The statutory minimum holiday days refer to the number of days off that an employer in Utrecht is required to provide to their staff. This fundamental right applies to all employment contracts in the region, regardless of whether you work in the city center or on the outskirts, and it is non-negotiable, even under a collective labor agreement (CAO). It protects the health and work-life balance of Utrecht residents, who often deal with traffic jams on the A2 or busy student lifestyles. Employers and employees can agree on more days above this minimum in a CAO or contract, as explained in our article on additional holiday days.
These days accrue over a calendar year and should ideally be taken within that year or the following one. In Utrecht, where the Municipality of Utrecht sometimes offers extra provisions for municipal employees, untaken days expire after six months, except for valid reasons such as illness or COVID-related restrictions.
Legal basis of the minimum
The rules for statutory minimum holiday days are outlined in the Dutch Civil Code (BW), Book 7, Title 10. Article 7:634 BW guarantees at least four times the number of weekly working hours in holiday days. For a full-time Utrecht resident with a 5-day workweek of 40 hours, this means at least 20 days per year. This is particularly relevant in Utrecht, where many jobs in the public sector are subject to strict labor laws.
Article 7:641 BW governs the accrual and taking of holidays, while the Minimum Holiday Allowance Act covers holiday pay (8% of annual salary). For part-time workers in Utrecht, such as those at local retailers or universities, a proportional calculation applies; for flexible contracts, like zero-hours jobs in the hospitality sector around the Oudegracht, it is based on the annual average. The Working Conditions Act reinforces this by requiring employers to provide sufficient rest, and the Utrecht District Court enforces it strictly. If violated, you can file a wage claim or lawsuit, with advice from Het Juridisch Loket Utrecht.
Calculation of statutory minimum holiday days
The formula is straightforward: multiply your weekly working days by 4. For a standard full-time job in Utrecht (5 days, 40 hours), this results in 20 days. Part-time arrangements are adjusted pro rata, taking into account local work patterns. Here is an overview with Utrecht-specific examples:
| Working days per week | Hours per week | Minimum holiday days per year | Example in Utrecht |
|---|---|---|---|
| 5 | 40 | 20 | Full-time at Utrecht University |
| 4 | 32 | 16 | Part-time in Utrecht retail, such as at stores like V&D |
| 3 | 24 | 12 | Part-time in healthcare at UMC Utrecht |
| Variable (avg. 3.5) | 28 | 14 | Flexible contract in Utrecht hospitality |
For on-call workers in the Utrecht event sector or interns at the Municipality of Utrecht, the same principle applies, based on hours worked. For a 50% part-time role, as many Utrecht residents have, you accrue 10 days based on a 5-day standard.
Rights and obligations regarding statutory minimum holiday days
Rights of the Utrecht employee:
- Automatic entitlement to the minimum, independent of CAO or contract details.
- Taking leave in consultation, but you decide the timing (unless business interests in Utrecht companies take precedence).
- Full pay during holidays, including allowances for travel expenses in the region.
- Upon termination: payout of any outstanding days.
Obligations of the employee:
- Request leave in a timely manner, often two months in advance, to fit Utrecht's planning requirements.
- Take leave within six months after the year, otherwise it lapses.
- Report any obstacles, such as illness, especially relevant during busy periods like events at Utrecht Science Park.
Obligations of the employer:
- Provide the minimum and track it in a schedule, aligned with local CAOs.
- Not force employees to exchange days for money, except at contract end.
- Ensure accrual during illness or leave, such as maternity leave in Utrecht healthcare institutions.
If issues arise, you can turn to the Utrecht District Court or Het Juridisch Loket Utrecht for free advice. Learn more about holiday pay in our related article.
Practical examples of statutory minimum holiday days in Utrecht
Take Anna, who works full-time 40 hours at a supermarket on the Amsterdamsestraatweg. She is entitled to 20 minimum days. Through her CAO, she gets an additional 10, but even without it, her employer must grant 20 days. If he refuses, Anna can file a claim with the Utrecht District Court, including compensation for wages.
Or Bas, a part-time worker with 24 hours over 3 days at a Utrecht library. His minimum is 12 days. During the pandemic, days were extended due to lockdowns; the law provides flexibility for such situations in the city. In hospitality along the canals, with seasonal busyness, employers must maintain the minimum. A waitress working 4 days (32 hours) is entitled to 16 days; ignoring this can lead to fines from the Dutch Labour Inspectorate and claims via Het Juridisch Loket Utrecht.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.