A holiday is often the time to completely unwind. But what do you do if your employer refuses your holiday request? Here you can read what your rights are, what you can do and how to prevent potential problems.
Can an employer refuse a vacation request?
Yes, in some cases an employer can refuse a vacation request. However, this is only allowed if there are important reasons, for example:
- There are not enough staff to cover your absence.
- A large assignment or peak period makes your presence essential.
An employer must substantiate why a vacation request is refused. This reason must be demonstrably more important than your right to vacation.
How quickly must an employer respond?
By law, your employer must respond to a vacation request within two weeks, unless other arrangements have been made. No response? Then the application will be determined according to your wishes. This term may be stated differently in your collective labor agreement, employment contract or other written agreement, so check these documents carefully.
What can you do if your application is rejected?
- Ask for clear explanation. Have your employer clearly explain why your application has been rejected. This prevents misunderstandings and provides room for discussion.
- Look for a solution together. Try to find another moment together that does suit. A constructive attitude can often solve many problems.
- Check your collective labor agreement, contract or other company regulations. These often contain additional agreements about holiday requests and possible restrictions.
What does the law say about holidays?
By law, every employee is entitled to at least four times the number of hours he or she works per week. For example, do you work 40 hours per week? Then you are entitled to 160 vacation hours per year. This is a minimum; more may have been agreed in your collective labor agreement or employment contract.
Statutory vacation days expire six months after the calendar year in which they were accrued. Exceptions can be made to this in a positive sense. The employer must also inform you of this expiry period. If he does not do this, the hours may not expire.
Vacation is a right
An employer may not simply refuse a vacation or force you to continue working. Do you feel that your vacation has been wrongly refused? Ask for advice or help from a legal expert.
More information
Do you have questions about your rights or a conflict with your employer about vacation requests? Contact us. Our Service Center can be reached on workdays from 8:30 to 17:00 via sc@unie.nl or 0345 851 963.
