State Loses Case on Vacation Days
THE HAGUE, 16/10/13 - Two employees have won a court case against the Dutch state because they suffered damages via job disability in the building up of vacation days. An appeal court ruled Tuesday that the State was liable for the damages they suffered.
The ruling can form a precedent for other employees in a similar situation if it holds up at the Supreme Court. Whether the State will make a cassation appeal to the highest court is not yet known.
Based on an European directive, all employees have the right to four weeks vacation a year, including the job-disabled. At the end of an employment contract, the employee has the right to the payout in cash of the vacation days still outstanding.
Only from 1 January 2012 has the Dutch law been amended in line with with the EU directive. According to the appeal court, this is too late and it has as a result wrongly given a restricted right to the building up of vacation days.