Why holiday pay is mandatory
The annual holiday acts and their implementing decree govern holiday pay. A white-collar employee gets their normal pay from the employer during the holiday, plus double holiday pay of 92% of gross monthly pay after a full year (Article 38 of the decree). A blue-collar worker gets 15.38% of their gross pay of the previous year from the National Annual Holiday Office (RJV) or their holiday fund, calculated on 108% of that pay.
Exceptions
For flexi-jobs, holiday pay follows its own scheme, flexi holiday pay. Anyone with another statutory holiday scheme, such as a statutory civil servant, does not fall under these acts.
What is the risk?
Not paying holiday pay that is due, not paying it in full or not paying it on time 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. Not granting the holiday itself is a separate offence (Article 145).
What to do
Pay a white-collar employee double holiday pay with their main holiday, and leaving holiday pay when they leave the company. For blue-collar workers, declare pay correctly in the DmfA; the RJV or the holiday fund calculates and pays the holiday pay.
Would you like the holiday pay of your white-collar staff recalculated?
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Sources
Every amount and deadline on this page was checked against these official sources, last consulted on .
- FOD WASO, Bedragen van de administratieve geldboeten
- Justel, KB van 30 maart 1967 (jaarlijkse vakantie), art. 14 en 38
- Justel, Sociaal Strafwetboek (wet van 6 juni 2010)
- Justel, wetten betreffende de jaarlijkse vakantie van de werknemers, gecoordineerd op 28 juni 1971
- RJV, Berekening vakantiegeld
- RJV, Het vakantiegeld voor de bedienden
- RJV, Vakantiegeld
