ARTICLE · 03 SEPTEMBER 2012

The Netherlands State Is Liable For Holidays Missed

Kennedy van der Laan

Explore more from Kennedy van der Laan

In the Schultz-Hoff judgment of 20 January 2009, the European Court of Justice determined that it follows from the European Working Time Directive (‘the Directive’) that all employees are entitled to at least four weeks' paid annual leave, whatever their state of health.

NetherlandsEmployment and HR

Laurie Duijvis

Subdistrict Court of The Hague 6 February 2012, LJN: BV7318, BV7201, BV7212

Background

In the Schultz-Hoff judgment of 20 January 2009, the European Court of Justice determined that it follows from the European Working Time Directive ('the Directive') that all employees are entitled to at least four weeks' paid annual leave, whatever their state of health. On the basis of the then applicable Section 7:635 (4) of the Dutch Civil Code ('DCC'), a sick employee only accrued entitlement to holidays over the period of the last six months of his or her incapacity for work. Therefore, Dutch legislation appeared to be contrary to the Directive, and as a consequence, Dutch law was amended as of 1 January 2012. As of that time, sick employees accrue entitlement to holidays during the entire period of their incapacity for work.

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