In 2014, only one public holiday will fall on a Saturday (or a day that is normally a non-working day within the company). As a result, in most cases only one replacement day will have to be determined.
New Year's Day: Wednesday 1 January 2014, Easter Monday: Monday 21 April 2014, Labour Day: Thursday 1 May 2014, Ascension Day: Thursday 29 May 2014, Whit Monday: Monday 9 June 2014, National Holiday: Monday 21 July 2014, Assumption Day: Friday 15 August 2014, All Saints Day: Saturday 1 November 2014, Armistice Day: Tuesday 11 November 2014, Christmas: Thursday 25 December 2014.
If the replacement day is not determined at the level of the competent Joint Committee, the company can determine the replacement day by a Works Council decision, by mutual agreement between the employer and the union representative(s), by mutual agreement between the employer and the employees or by mutual agreement between the employer and the individual employee.
The decision regarding the replacement day for the next calendar year must be posted in a visible place before 15 December 2013 and a copy of this notification must be included as an attachment to the work rules and filed with the social inspection.
If the replacement day is not determined as described above, the public holiday will be replaced with the next regular working day after the public holiday.
Collective Holidays
It is possible to determine periods of “collective holidays” if the conditions are complied with and if the procedure is followed. If the period of collective holidays is not determined at the level of the competent Joint Committee, a company can determine the period of collective holidays by a Works Council decision, by mutual agreement between the employer and the union representative(s), by mutual agreement between the employer and the employees or by mutual agreement between the employer and the individual employee.
Contrary to the decision on the replacement days, the decision regarding the collective holidays is not subject to a deadline. Still, it is advisable to determine the period of collective holidays as soon as possible (before the start of the calendar year) and inform the employees thereof. A copy of this notification must be included as an attachment to the work rules and filed with the social inspection.
Carry-over Unused Holidays
In principle, it is prohibited to carry over unused holidays from one year to another. As a result, the employee will lose the holidays which he/she has not taken up by the end of the calendar year. However, in practice some companies allow the carrying over of a limited number of unused holidays for a limited period of time (e.g. during the first two months of the new year).
In order to determine whether the employee is entitled to holiday pay, it must be examined whether the employee did not take up his/her holidays of his/her own free will or whether he/she was unable to take up his/her holidays.
In the event that the employee was unable to take up his/her holidays (e.g. he/she was needed in the company (urgencies), illness, ...), the employer must pay out the holiday pay for the holidays which were not taken up and this at the latest on 31 December of the year concerned (based on the remuneration of December of the holiday year).
In the event that the employee did not take up his/her holidays of his/her own free will, he/she is not entitled to any payment of holidays which were not taken up.
