The holidays are approaching: are employees entitled to days off?

Many employees assume that they are entitled to time off on public holidays such as Christmas or New Year’s Day. In the Netherlands, however, there is no general statutory right to a day off on public holidays. Whether an employee is entitled to time off depends solely on the agreements between the parties. Below, we outline the main principles.

No automatic right to time off on public holidays

There is no statutory right to be off work on public holidays. Whether an employee is off work on a public holiday therefore depends on the employment contract or on collective arrangements, such as an employee handbook or collective labour agreement (CLA).

Only if these agreements specify that certain public holidays count as days off does the employee have a right to a day off without the day being deducted from their leave entitlement (a ‘free’ day off).

Working on public holidays: entitlement to supplements or compensation?

In sectors where continuity is essential, such as healthcare, hospitality, or public transport, it is common to (continue) work on public holidays. No general obligation for employers exists to grant an additional payment or substitute leave in such cases.

A right to a supplement or substitute leave only arises if it has been agreed, either individually or collectively.

Mandatory days off around public holidays?

In principle, an employer cannot unilaterally determine when an employee takes leave. However, if agreed in the employment contract or a collective arrangement, an employer may designate mandatory days off. In practice, these often include “bridge days”, such as the day after Ascension Day, the period between Christmas and New Year’s Eve, or coming 2 January 2026 (the Friday following New Year’s Day).

These mandatory days off are usually deducted from the employee’s leave entitlement. There is no statutory maximum, but the arrangement must be reasonable and communicated in advance.

What if public holidays fall during parental leave?

There is no specific statutory regulation governing the overlap of parental leave and public holidays that count within an organisation as free days off. This means that there is no general obligation for the employer to extend the parental leave or grant other compensation when such a public holiday coincides with a day of parental leave.

The parties may, however, make agreements on this, for example in the employment contract or a collective arrangement.

What if a public holiday falls on a part-time day?

Whether a part-time employee benefits from a free day off on a public holiday depends on their working days. Where a public holiday structurally falls on a non-working day of a part-time employee, this may result in that employee benefiting proportionally less from free days off than a full-time employee.

Employers must ensure that part-time and full-time employees have a proportionally equal number of hours off. If a part-time employee structurally derives proportionally less benefit from free public holidays, this may constitute prohibited discrimination on the grounds of working hours. In certain circumstances, this may lead to an obligation to provide compensation.

Exchanging for other (religious) holidays?

There is no statutory right to exchange commonly recognised (predominantly Christian) public holidays for religious holidays of another faith.

However, many collective labour agreements and terms of employment schemes do include such a possibility, allowing, for example, the exchange of certain public holidays for Eid, Diwali, or Hanukkah.

Recommendation for employers

Whether an employee is entitled to time off on public holidays depends on the applicable individual or collective arrangements. Employers are advised to clearly record these arrangements and communicate them in good time to avoid misunderstandings or disputes.