Once an employee has asked their employer for the leave they are entitled to at least two weeks in advance, the employer must, in most cases, agree to it.
According to Dutch law, an employer should generally agree to a vacation date proposed by an employee, as we read on the government website rijksoverheid.nl . Of course, the employee must still have vacation days to use in the current year at the time of such a request.
In the Netherlands, every full-time employee is entitled to at least 20 days of holiday per year. In many industries and companies, you get more, e.g. 24-28 days, depending on the provisions of the collective labour agreement (CAO) and employment contract.
If an employee planning a vacation expects that the employer may cause problems, it is best to inform about the planned vacation two weeks in advance and in writing. The start date of the vacation and its duration should be stated – it is written on the FNV website.
The employer may refuse only if any leave during this time would significantly disrupt the functioning of the company. If, for example, many other employees have planned leave during a given period, the employer may consider that granting another employee leave may significantly impede the functioning of their company.
In sectors where there are periods when work is not done (e.g. education), the employee’s freedom to set a holiday period is therefore limited and they may be required to use it during a specified period (e.g. during the summer holidays). Another industry where such restrictions can be encountered is, for example, the construction sector.
It is also important to inform your employer about your planned vacation at least two weeks before it begins. Your employer has two weeks to respond to your vacation request.
If the employer does not respond within two weeks, it can be assumed that the leave has been accepted. If the employer informs about the lack of consent after two weeks (i.e. too late), it is possible to ignore this lack of consent and take the leave anyway – we read on the website fnv.nl.
In turn, if the employer refuses leave within two weeks of reporting, a written justification for this decision can be requested. The boss must then explain why he believes that the employee’s leave during this time will significantly impede the functioning of the company.
It may also happen that the employer withdraws the earlier consent for leave, because, for example, it suddenly turns out that there is a lot of additional work. The employer may demand that the employee resign from the previously planned and approved leave only if it justifies that the employee going on leave during a given period will lead to major problems in the functioning of the company.
If an employee has already incurred any costs in connection with the planned leave (e.g. purchased a holiday trip), he or she may demand reimbursement of the incurred costs from the employer – informs the FNV trade union.