Why a public holiday is paid
The Public Holidays Act prohibits work on 10 public holidays a year and gives a right to pay for every public holiday or replacement day without work, and for every day of compensatory rest (articles 4 and 14). If a public holiday falls on a Sunday or on a day the employee normally does not work, you grant a replacement day. Anyone who works on a public holiday anyway gets compensatory rest within 6 weeks.
Exceptions
No public holiday pay for an unjustified absence on the working day before or after. During a suspension, pay remains due for public holidays in the first 30 days of illness, accident or maternity leave, and in the first 14 days of other suspensions. Even after the contract ends, it may still be due for 14 or 30 days, depending on length of service.
What is the risk?
Public holiday pay is pay: not paying it is a level 3 offence under Article 162 of the Social Criminal Code: an administrative fine of € 1,000 to € 10,000, per employee concerned. Working on a public holiday outside the permitted cases, or not granting a replacement day or compensatory rest, is a separate offence (Article 142).
What to do
Pay normal pay for every public holiday without work. Before 15 December 2026, post the signed notice with next year's replacement days, and give anyone who worked on a public holiday compensatory rest within 6 weeks.
Would you like to know which replacement days you must announce for next year?
Read next
Sources
Every amount and deadline on this page was checked against these official sources, last consulted on .
- FOD WASO, Bedragen van de administratieve geldboeten
- FOD WASO, Loonbescherming
- Justel, KB van 18 april 1974 tot bepaling van de algemene wijze van uitvoering van de wet van 4 januari 1974 betreffende de feestdagen
- Justel, Sociaal Strafwetboek (wet van 6 juni 2010)
- Justel, wet van 4 januari 1974 betreffende de feestdagen, art. 14