Common use of Holiday Entitlement Clause in Contracts

Holiday Entitlement. 1. For each full working month worked, a temporary worker is entitled to 16 hours’ holiday, or a proportional part thereof if a month has not been worked in full. 2. In addition, each temporary worker is entitled to holiday pay equal to 8 per cent of the actual pay. The calculation is based on the number of days to be worked each year, including holidays and public holidays. 3. A temporary employment agency must grant paid holidays in accordance with Article 28, providing the temporary worker has sufficient entitlement. The temporary employment agency must in any event grant holiday each year, upon request, in such a way that the temporary worker need not work for two consecutive weeks or for two periods of one week. 4. A temporary worker is not allowed to take holiday during the first two months of the temporary employment contract, unless this is previously agreed with the temporary employment agency. Holidays may subsequently be taken, as usual, in consultation. 5. In derogation of Section 640a in Book 7 of the Netherlands Civil Code, the entitlement to the statutory minimum number of days’ holiday lapses twelve months after the last day of the calendar year in which the holiday entitlement is accrued, unless the temporary worker is reasonably unable to take his holiday entitlement by that time. 6. At the timely request of the temporary worker, the temporary worker and the temporary employment agency may agree, in derogation of Paragraph 5, that the entitlement to the statutory minimum number of days’ holiday lapses no later than thirty months after the last day of the calendar year in which the holiday entitlement is accrued, to allow the temporary worker to take a long holiday.