Many employees are obliged to take a day off the day after Ascension, because the company remains closed that day. But what if you do want to go to the office? “In many cases you are unlucky, especially if it is laid down in the employment conditions,” says employment law attorney Pascal Besselink of legal service provider DAS.
Employers can proceed to a compulsory day off if agreements have been made about this in the collective labor agreement or via an individual employment contract.
“It is the intention that an employer communicates this to the staff at the beginning of the year,” says Besselink.
Employers may designate a number of days per year in which employees are obliged to take a day off. That can be the day after Ascension, but also a certain period in which the company closes its doors, such as during the summer holidays.
“These mandatory days off must then be laid down in the employment conditions,” says a spokesperson for the employers’ association AWVN. “That means that agreements have been made with the trade unions or the works council. Many employers do not get anything done if other companies are not available. So they remain closed on such a day.”
‘Employees who still want to get to work are out of luck’
The employers’ association says that employees who still want to work have bad luck if clear agreements have been made. “That day off will be written off, even if you decide to go to work anyway.”
Besselink also emphasizes that it makes little sense to object. “In such a case, an employer will not really open the company for one person. Employees can object if the employer has not indicated in time which mandatory days it concerns. This is rarely if ever litigated, but formally it is possible if the company has been late.”
It is increasingly possible for employees to exchange certain vacation days. “But that must also be laid down in the collective labor agreement, for example that someone can take time off on an Islamic holiday. In addition, customization is possible at collegiate or company level.”
On average, we have about 25 vacation days in our country every year. According to the AWVN, companies must prevent a reservoir of vacation days from arising if employees do not take time off.
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