Statutory Minimum Vacation Days in Delft
In Delft, just like in the rest of the Netherlands, employees are entitled to a minimum number of vacation days per year, as stipulated by law. This minimum ensures adequate rest and a better work-life balance, which is particularly relevant for Delft residents working at local institutions such as TU Delft or in the city center. The number of days is based on the workweek and calculated pro rata for part-time employees. This article discusses the minimum, the calculation, and the associated rights and obligations, with tips for residents of Delft.
What Are the Statutory Minimum Vacation Days in Delft?
The statutory minimum vacation days refer to the number of days off that employers in Delft are required to provide to their staff. This fundamental right applies to all employment contracts, whether you work in the high-tech sector at ASML or in a local shop. It helps prevent burnout and promotes well-being. Additional days can be agreed upon through a collective labor agreement or contract, as explained in our article on above-statutory 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 long-term illness, which in Delft is often verified through local occupational health services.
Legal Basis of the Minimum for Delft Residents
The rules are outlined in the Civil Code (BW), Book 7, Title 10. Article 7:634 BW guarantees at least four times the weekly working hours in vacation days, which amounts to 20 days for a full-time job of 40 hours over 5 days. This applies equally to Delft residents with flexible roles, such as those at the Municipality of Delft.
Article 7:641 BW governs the accrual and taking of leave. The Minimum Vacation Allowance Act provides for 8% vacation pay on the annual salary. For part-time or zero-hours contracts, which are common in Delft's student-oriented economy, it is calculated pro rata based on average hours worked. The Working Conditions Act supplements this by requiring employers to ensure sufficient rest, and the District Court of The Hague enforces this strictly. If violated, you can file a claim, with advice available from the Legal Aid Desk in Delft.
Calculation of the Statutory Minimum Vacation Days in Delft
The formula is straightforward: multiply your working days per week by 4. For a full-time role of 5 days, that's 20 days, adjusted for part-time work. Here's an overview with examples from the Delft context:
| Working days per week | Hours per week | Minimum vacation days per year | Example in Delft |
|---|---|---|---|
| 5 | 40 | 20 | Full-time at TU Delft |
| 4 | 32 | 16 | Part-time in a Delft café |
| 3 | 24 | 12 | Part-time at the Municipality of Delft |
| Variable (avg. 3.5) | 28 | 14 | Flexible at a startup |
For on-call workers in Delft's hospitality sector or university interns, the same rule applies, based on actual hours worked. For 50% part-time, you accrue half, so 10 days on a 5-day basis.
Rights and Obligations Regarding Statutory Minimum Vacation Days
Rights of the employee in Delft:
- Automatic entitlement to the minimum, independent of any collective labor agreement.
- Taking leave in consultation, but you decide the timing (unless business reasons apply).
- Paid salary during vacation, including allowances.
- Upon termination: payout of accrued days.
Obligations of the employee:
- Request leave well in advance, often 2 months ahead.
- Take days within 6 months after the year, otherwise they lapse.
- Report any obstacles, such as illness.
Obligations of the employer:
- Record the minimum in a schedule, accessible via the Municipality of Delft in disputes.
- Not enforce or exchange for money (except at contract end).
- Maintain accrual during illness or leave.
In case of issues, you can turn to the subdistrict court of the District Court of The Hague or the Legal Aid Desk in Delft for free advice. Learn more about vacation pay.
Practical Examples of Statutory Minimum Vacation Days in Delft
Take Anna, a full-time employee at a Delft supermarket: she is entitled to 20 days. Her collective labor agreement adds 10 extra, but the minimum is fixed. If denied, she can approach the District Court of The Hague for compensation.
Bas works part-time 24 hours over 3 days at a local tech company. His minimum is 12 days. During the COVID-19 pandemic, days could be carried over, a rule that helped Delft residents with flexible jobs.
In Delft's vibrant hospitality sector, with seasonal peaks around events, employers must comply with the minimum. A waitress working 4 days (32 hours) gets 16 days; non-compliance can lead to fines from the Labour Inspectorate and potential claims via the Legal Aid Desk in Delft.
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.