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Statutory Minimum Holiday Days in Westland

Discover your rights to minimum holiday days in Westland: 20 days for full-time work in horticulture or greenhouses. Tips for local employees via the Westland Legal Aid Desk.

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## Statutory Minimum Holiday Days in Westland In Westland, with its thriving horticultural sector and greenhouse complexes, every employee is entitled to a minimum number of holiday days per year, as set out in Dutch law. This statutory minimum is essential for rest and a healthy work-life balance, particularly in seasonal roles such as those in nurseries or transport companies. The number of days is based on the workweek and calculated proportionally for part-time workers. This article covers the minimum, how it's calculated, and the related rights and obligations, with tips for Westland residents. ### What are the statutory minimum holiday days in Westland? The **statutory minimum holiday days** refer to the number of days off that employers in Westland are required to provide to their staff. This fundamental right applies to all employment contracts, whether you're working in greenhouse horticulture, logistics, or a local business, and it cannot be negotiated away, even through a collective labour agreement (CLA). It protects against overwork, which is especially important in Westland's intensive work culture for health and well-being. Additional days beyond this minimum can be agreed upon in a CLA or contract, as explained in our article on [above-statutory holiday days](/bovenwettelijke-vakantiedagen). Holiday days accrue over a calendar year and should ideally be taken within that year or the following one. Untaken days expire afterward, except for valid reasons such as illness or seasonal pressures in horticulture. ### Legal basis of the minimum in Westland The provisions for **statutory minimum holiday days** are outlined in the Dutch Civil Code (DCC), Book 7, Title 10. Article 7:634 DCC guarantees at least four times the weekly working hours in holiday days, which amounts to 20 days per year for a full-time employee with a 5-day, 40-hour workweek. In Westland, where much of the work involves physical labour in greenhouses, this helps prevent exhaustion. Article 7:641 DCC governs the accrual and taking of leave, while the Holiday Allowance Act sets the 8% holiday pay. For part-time workers in Westland, calculations are proportional, and for flexible contracts (such as seasonal work), they're based on the annual average. The Working Conditions Act supplements this by requiring employers to provide adequate rest, which is strictly enforced by the Westland court. If not complied with, an employee can file a wage claim or lawsuit, with advice available from the Westland Legal Aid Desk. ### Calculation of the statutory minimum holiday days The formula is straightforward: multiply the number of workdays per week by 4. For a full-time role (5 days), that results in 20 days, adjusted for part-time work. In Westland, with its variable hours in the agricultural sector, this is crucial. See the table below with local examples: | Workdays per week | Hours per week | Minimum holiday days per year | Example in Westland | |-------------------|---------------|-------------------------------|------------------------------| | 5 | 40 | 20 | Full-time in a greenhouse | | 4 | 32 | 16 | Part-time in logistics or retail | | 3 | 24 | 12 | Part-time in home administration | | Variable (avg. 3.5) | 28 | 14 | Seasonal contract in horticulture | For on-call workers in Westland businesses or interns, the same rules apply based on hours worked. For a 50% part-time role, you accrue pro rata, such as 10 days for a 5-day base. ### Rights and obligations regarding statutory minimum holiday days **Employee rights in Westland:** - Automatic entitlement to the minimum, regardless of CLA or contract. - Ability to request leave in consultation, with the employee having priority (unless urgent business reasons, such as harvest season). - Full pay during holiday, including allowances. - Payment for unused days upon termination. **Employee obligations:** - Request days well in advance (often 2 months). - Take unused days within 6 months after the year, or they expire. - Report any obstacles, such as illness. **Employer obligations:** 1. Provide the minimum and track it in a schedule, fitting Westland's planning needs. 2. Not enforce or exchange for money (except at contract end). 3. Ensure accrual during illness or leave. If violated, you can approach the Westland court or seek advice from the Westland Legal Aid Desk. Learn more about [holiday pay](/vakantiegeld) in our related article. ### Practical examples of statutory minimum holiday days in Westland Take Anna, who works full-time 40 hours in a Westland greenhouse. She's entitled to 20 statutory holiday days. Through a CLA, she might get 10 extra, but the employer must provide at least 20 days. If refused, Anna can pursue legal action in the Westland court for compensation. Another case: Bas works part-time 24 hours over 3 days in the local transport sector. His minimum is 12 days. During the COVID-19 crisis, days could be carried over due to travel restrictions. This shows how the law adapts to unexpected situations in Westland. In horticulture, with peaks during the season, employers must uphold the minimum. An employee with 4 workdays (32 hours) is entitled to 16 days; ignoring this can lead to fines from the Labour Inspectorate and claims through the municipality or court.

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