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Taking Annual Leave (Holidays) in Belgium

Question

Hello all,

I hope someone can explain to me exactly how the Belgian system of work and holidays operate, because so far no-one (including my Belgian acquaintances) can.

Basically, I am informed by my work that the amount of holidays I am entitled to for this year will be determined by the amount of holidays I took in the previous calendar year i.e. 2011. This is so despite the fact that I was in a different job the previous year.

So basically, the amount of holidays that you take in job x in the year 2011 will determine how many holidays you can take in job y in 2012. This seems baffling to me. It is all the more strange when the situation is not affected by the terms of a working contract, so I am told. So the fact that my previous work contract stipulates that I am entitled to a certain amount of days holidays will have an effect on a subsequent, completely unrelated new employment.

The Working Time Directive allows all employees 20 days holidays per year. How can this be compatible with the Belgian system whereby your 20 days holidays can be reduced if you took too many holidays the year previous?

The system is made all the more confusing by the fact that this system have apparently nothing to do with income tax.

Any advice is very much appreciated.

anon

"the amount of holidays I am entitled to for this year will be determined by the amount of holidays I took in the previous calendar year"
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No.
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The amount of holidays you can take is the same every year, by law you are entitled to a minimum of 21 days plus bank holidays.
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However, the amount of PAID holiday you can take will be determined by the amount of time you worked last year and / or if you were paid your holiday pay when you left your last employer.
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Assuming that you worked a full calendar year last year, you are entitled to 21 days holiday this year.
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However, if when you left your last employer, you received a lump sum payment which covered your accrued holiday pay, then this year you aren't entitled to any PAID holiday, because you have been paid already.

Aug 1, 2012 16:25
unal_battal

As an answer to ANON's post;

"The amount of holidays you can take is the same every year, by law you are entitled to a minimum of 21 days plus bank holidays."
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no
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Please check this official website: http://www.belgium.be/fr/emploi/gestion_de_carriere/conges_et_interrupti...

which explains:
"Nombre de jours

Dans le secteur privé, le nombre de jours de vacances auquel un travailleur a droit est proportionnel au nombre de jours de travail qu'il a prestés au cours de l'année qui précède. Une année complète de travail donne droit, l'année suivante, à :

20 jours de vacances pour un régime de 5 jours semaine.
24 jours pour un régime de 6 jours semaine. "

Jun 25, 2014 10:16