Many young people think that vacation pay is only for “real jobs” Or that you are not entitled to it in a side job. That is incorrect.
Even with side jobs and part-time work, you are almost always entitled to vacation pay.
In this blog, we explain when you are entitled to vacation pay, how it is calculated, when it must be paid out, and what you can do if that doesn’t happen.
Are you entitled to vacation pay with a side job?
Yes.
Do you work as:
-
student
-
part-time worker
-
on-call worker
-
temporary agency worker
then, in principle, you have the right to holiday pay. That also applies if:
-
you work only a few hours
-
you have a temporary contract
-
it’s “just a side job”
The law makes here no exception for young people.
How much holiday pay do you get?
The main rule is:
👉 at least 8% of your gross salary.
Sometimes it’s more, for example due to a collective labor agreement or an arrangement in your contract.
That percentage applies to:
-
hours worked
-
wages you have received
-
sometimes also on overtime and allowances
When must holiday pay be paid out?
This usually happens:
-
once a year, often in May or June
But for side jobs we often see something different:
-
payment per month
-
vacation pay “accrued” on the payslip
-
payment upon termination of employment
All forms are allowed, provided it is clear and the money is actually paid.
Vacation pay per month: what should you pay attention to?
Is your vacation pay paid monthly?
Then pay attention to:
-
Is it listed separately on your payslip?
-
Is the percentage correct?
-
Is it not “hidden” in your hourly wage?
Some employers act as if it is included in the wage, but that is not allowed.
What if you quit your part-time job?
At the end of your contract, the following applies:
-
all accrued holiday pay must be paid out
-
even if you resign
-
even with short employment contracts
Not getting this? Then that is incorrect.
Common mistakes by employers
With young people we often see:
-
not paying vacation pay at all
-
saying that it “does not apply to side jobs”
-
unclear payslips
-
too low a percentage
-
missed payment at the end of employment
👉 Those are not valid excuses.
What should you do if you don’t receive holiday pay?
Use this step-by-step plan:
-
Check your payslip and contract
-
Calculate whether the percentage is correct
-
Ask in writing for an explanation
-
Request payment
-
Take action if payment doesn’t arrive
The same applies here: you can often retroactively claim vacation pay.
Common mistakes by young people
-
thinking that vacation pay “is not for them”
-
not checking pay slips
-
assuming that it’s correct
-
not taking action when leaving
-
waiting too long
That often costs unnecessary money.
Are you unsure whether your vacation pay is correct?
Are you:
-
student
-
part-timer
-
young person with a part-time job
and are you unsure whether your vacation pay is being paid properly?
Then have it checked quickly. Often it turns out that:
-
the holiday pay is missing or too low
-
you are entitled to back pay
-
the employer has made mistakes
👉 Feel free to get in touch to have your situation assessed.
Practical Tips for Ensuring You Receive Your Holiday Pay
To receive your rightful holiday pay, it is important to keep track of your work hours and earnings, especially if you have multiple part-time jobs or side jobs. Employers are legally required to include holiday pay in your salary payments or pay it out once a year, typically in May or June. However, some employers pay it out at the end of your contract or when you take your holidays.
Here are some practical steps you can take:
- Check your payslips: Your holiday pay should be clearly listed on your payslips. If it’s not, ask your employer for clarification.
- Know your contract and collective labor agreement (CLA): Some CLAs provide for a holiday pay percentage higher than the statutory 8%. Review these documents to understand your specific rights.
- Request a statement of accrued holiday pay: If you suspect your holiday pay isn’t being paid out correctly, ask your employer or HR department for a statement showing how much holiday pay you have accrued.
- Keep records: Maintain a personal record of hours worked and wages received, especially if you work for multiple employers or as a temporary worker.
Legal Recourse if Your Holiday Pay is Not Paid
If your employer fails to pay your holiday pay, you have several options under Dutch law:
- Discuss with your employer: Sometimes, non-payment is due to administrative errors that can be resolved through communication.
- File a complaint with the Dutch Labor Inspectorate (Inspectie SZW): They oversee compliance with labor laws and can investigate your employer.
- Seek legal assistance: If informal approaches don’t work, you can take legal action to claim your holiday pay. The Dutch Civil Code protects employees’ rights to holiday pay regardless of contract type.
Remember, holiday pay rights do not expire quickly. The statutory limitation period for claiming holiday pay in the Netherlands is generally five years, giving you ample time to assert your rights.
Special Considerations for On-Call and Temporary Workers
On-call workers and temporary agency workers often face uncertainty about holiday pay. Dutch law clearly states that these workers are also entitled to holiday pay calculated at the same minimum rate of 8%. If you are a temporary worker, your agency is responsible for paying your holiday pay.
For on-call workers, holiday pay is often accrued based on hours worked, but you should confirm your employment contract or agency agreement to understand how and when this payment is made.
Conclusion
Whether you work a few hours a week or have a more substantial part-time role, Dutch labor law ensures you are entitled to holiday pay. Knowing your rights and how holiday pay is calculated can help you avoid being shortchanged. If you are unsure about your holiday pay entitlements or if your employer is not fulfilling their obligations, it is advisable to seek professional legal advice.
At Arslan & Arslan Advocaten, we specialize in employment law and are ready to assist you in understanding your rights and ensuring you receive the holiday pay you deserve. Contact us today for expert legal support tailored to your situation.
Frequently Asked Questions
Am I entitled to holiday pay if I work part-time or have a side job?
Yes, you are generally entitled to holiday pay regardless of whether you work part-time, on a side job, or have a temporary contract. The law applies equally to full-time and part-time workers, including students and temporary workers.
How is my holiday pay calculated and when should I receive it?
Holiday pay is typically at least 8% of your gross salary and can be paid annually, monthly, or upon termination. The calculation may include wages, overtime, and allowances, depending on your contract or collective agreement.
What should I do if my employer does not pay my holiday pay?
First, check your payslip and contract, then ask your employer in writing for an explanation. If the payment is still not made, you can take legal action or make a claim to recover the owed holiday pay.
What happens to my holiday pay if I quit my job?
All accrued holiday pay must be paid out at the end of your employment, even if you resign or have a short-term contract. Employers are legally obligated to settle this payment when your employment ends.