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Extra-statutory Holiday Days in Westland

Extra-statutory holiday days are additional days above the statutory minimum of 4 × your weekly working hours. Read more about forfeiture periods and rules in Westland.

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Extra-statutory Holiday Days in Westland

Extra-statutory holiday days are supplementary holiday days above 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 often regulated via a collective labour agreement (CAO) or individual employment contract.

Practical Example

Suppose you have 26 holiday days under a full-time contract. Of these, 20 days are statutory and 6 days are extra-statutory.

Forfeiture Period

For extra-statutory days, a forfeiture period of 5 years after the accrual year applies.

Payout

During your employment, extra-statutory days may be paid out (cashed in), 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?

The number depends on your contract or CAO. Statutorily, you are entitled to at least 4 times your weekly working hours (20 days full-time). Additional days are extra-statutory. Ask your employer or consult your agreement. For example: with 26 days, 6 are extra-statutory.

Can my employer pay out extra-statutory days?

Yes, during your employment, these days may be cashed in, provided both parties agree. Written documentation is often required. Statutory days may not be paid out, except upon termination of employment. Check your CAO for details.

What if I do not use my extra-statutory days?

These expire after 5 years from the accrual year. Statutory days expire after 6 months. Take your statutory days first to prevent them from lapsing. Request a balance overview from your employer.

Can I transfer days to a new employer?

No, upon termination of employment, extra-statutory days lapse, unless otherwise agreed. Only statutory days are paid out upon dismissal. Discuss with your employer whether taking leave or cashing in is possible before leaving.

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, 24 hours (60% of full-time), you receive 60% of 20 statutory days (12 days) and 60% of extra-statutory days. Check your contract for exact numbers.

In Short

Extra-statutory holiday days are additional days above the minimum of 4 × your weekly working hours. They lapse after 5 years and may be paid out during employment. Statutory days lapse sooner and must be taken first.

Key Points

  • Extra-statutory days are holiday days above 4 × your weekly working hours (20 days full-time).
  • Contact the Juridisch Loket Westland for legal advice in the region.
  • Relevant cases are handled by the District Court of The Hague.