Statutory Minimum Vacation Days for Amsterdammers
In Amsterdam, just like in the rest of the Netherlands, every employee is entitled to a minimum number of vacation days per year, as stipulated by law. This statutory minimum is essential to provide Amsterdammers with sufficient rest amid the vibrant urban dynamics and work pressure, helping maintain a healthy work-life balance. The number of days is based on the workweek and calculated pro rata for part-time workers, which is common in the flexible Amsterdam labor market. This article explains what this minimum entails, how it is calculated, and the associated rights and obligations, with tips for local support through institutions such as the Juridisch Loket Amsterdam.
What Are the Statutory Minimum Vacation Days in Amsterdam?
The statutory minimum vacation days refer to the number of days off that an employer in Amsterdam is required to provide to employees. This fundamental right is inalienable and applies to all employment contracts, whether you work in the creative sector along the canals or in hospitality on the Wallen. It ensures that Amsterdammers get adequate recovery time in a city with long workdays and tourist peaks. Employers and employees can agree on additional days through a collective labor agreement (CLA) or contract, as discussed in our article on additional vacation days.
These days accrue over a calendar year and should ideally be taken within that year or the following one. Untaken days expire afterward, except for valid reasons such as illness or other circumstances that often arise in Amsterdam's tight schedules.
Legal Basis of the Minimum for Amsterdammers
The rules for statutory minimum vacation days are outlined in the Dutch Civil Code (BW), Book 7, Title 10. Article 7:634 BW guarantees that an employee receives at least four times the number of weekly working hours in vacation days. For a full-time job with a 5-day workweek of 40 hours, this means 20 days per year, which is vital for the demanding jobs in the Amsterdam economy.
Article 7:641 BW governs the accrual and taking of these days, while the Minimum Vacation Allowance Act covers the 8% vacation pay based on annual salary. For part-time workers in Amsterdam, such as those in retail or healthcare, a proportional calculation applies; for zero-hours contracts—popular in the gig economy here—it is based on the annual average. The Working Conditions Act reinforces this by requiring employers to provide sufficient rest, which is especially relevant in the bustling city. The Amsterdam District Court enforces this strictly; non-compliance can lead to wage claims or lawsuits, and Amsterdammers can seek advice from the Juridisch Loket Amsterdam.
Calculation of the Statutory Minimum Vacation Days
The formula is straightforward: multiply your weekly working days by 4. For a standard full-time role (5 days per week), that results in 20 days. In part-time arrangements, which are widespread among Amsterdammers, this scales accordingly. Check this table with examples tailored to local work patterns:
| Working days per week | Hours per week | Minimum vacation days per year | Example in Amsterdam |
|---|---|---|---|
| 5 | 40 | 20 | Full-time in an office on the Zuidas |
| 4 | 32 | 16 | Part-time in a boutique on the P.C. Hooftstraat |
| 3 | 24 | 12 | Part-time in a café in the Jordaan |
| Variable (avg. 3.5) | 28 | 14 | Flexible as a bike courier in the city |
For on-call workers in the Amsterdam hospitality sector or interns at startups, the same principle applies, based on actual hours worked. For example, with a 50% part-time schedule, you accrue 10 days based on a full-time benchmark of 5 days.
Rights and Obligations Regarding Statutory Minimum Vacation Days
Rights of the employee in Amsterdam:
- Automatic entitlement to the minimum, regardless of CLA or contract.
- Taking leave in consultation, with you as the employee having priority (unless urgent business reasons, such as city events).
- Full pay during vacation, including allowances.
- Upon termination: payout for untaken days.
Obligations of the employee:
- Request leave in advance, often two months ahead, to fit Amsterdam's planning needs.
- Take leave within six months after the year, or it lapses.
- Report any obstacles, such as illness.
Obligations of the employer:
- Provide the minimum and track it in a schedule.
- Avoid forcing employees to forgo days or exchange them for money (except at contract end).
- Continue accrual during illness or leave, relevant in Amsterdam's work culture.
If there is a violation, you can approach the Amsterdam District Court or the Juridisch Loket Amsterdam for free advice. Learn more about vacation pay in our related article.
Practical Examples of Statutory Minimum Vacation Days in Amsterdam
Take Lisa, who works full-time 40 hours in a hotel near the Vondelpark. She is entitled to 20 statutory days. Through her CLA, she gets 10 extra, but even without it, her employer must grant 20 days. If refused, Lisa can file a claim with the Amsterdam District Court for compensation.
Or Tom, part-time in a bike shop with 24 hours over 3 days: 12 minimum days. During the pandemic, days were extended due to lockdowns; the law offers flexibility for such urban challenges.
In the Amsterdam hospitality sector, with seasonal rushes around festivals, an employer must guarantee 16 days for a server working 4 days (32 hours). Failure to do so risks fines from the Dutch Labour Inspectorate and legal action through local institutions.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.