Annual leave under Dutch employment law
Every employee in the Netherlands is entitled to a minimum number of paid annual leave days (vakantiedagen) under Book 7, Title 10 of the Dutch Civil Code. The statutory minimum is four times the agreed weekly working hours per year. For a full-time employee working five days a week, this amounts to at least 20 days of paid leave per year. Collective labour agreements (CAO) and individual employment contracts frequently provide for more days than this statutory floor.
Leave accrues from the first day of employment. Part-time employees accrue leave on a proportional basis. Employees on sick leave continue to accrue annual leave in full - this rule was introduced following decisions by the Court of Justice of the European Union and is codified in Article 7:635 of the Dutch Civil Code. The right to annual leave is governed by Articles 7:634-7:645 CC: the employer must pay full wages during leave (Article 7:639 of the Dutch Civil Code) and must issue a written declaration at the end of the employment relationship stating the number of unused paid leave days (Article 7:641(2) of the Dutch Civil Code). The Dutch CC also provides for unpaid political leave for employees who are members of Parliament or municipal councils (Article 7:643 of the Dutch Civil Code).
Statutory and non-statutory leave days in the Netherlands
Dutch law distinguishes between statutory leave (wettelijke vakantiedagen) and supplementary leave (bovenwettelijke vakantiedagen). Statutory leave must be taken within six months of the end of the calendar year in which it accrued, or it lapses automatically. This short forfeiture period applies only if the employer has actively encouraged the employee to take the leave and warned of the upcoming forfeiture, as required by European case law.
Supplementary leave (any days beyond the statutory minimum) is subject to a five-year limitation period unless the contract or CAO provides otherwise. Upon termination of employment, all accrued but untaken statutory and non-statutory leave days must be paid out to the employee as part of the final settlement.
Employer's right to designate leave periods
The employer may determine when leave is taken, but must take the employee's wishes into account. If the employer fails to respond to a leave request within two weeks, the requested dates are deemed approved under Article 7:638 of the Dutch Civil Code. The employer may only reject a leave request if there are weighty business interests - a high standard that is rarely met in practice. Collective shutdown periods (collectief verlof), such as a summer closure, may be imposed through the CAO or with works council consent. All statutory leave entitlements are minimum floors; collective agreements frequently provide for more generous arrangements. The statutory minimum of four times the agreed weekly working hours represents an absolute floor that cannot be waived (Article 7:634 of the Dutch Civil Code).