Claim for missed holidays in the event of long-term illness
Employees who have been ill for a long time before 1 January 2012 and were subsequently dismissed have a high probability that they were not paid enough vacation days. The Dutch State must rectify this. You can submit a claim until 23 November.
If employees were ill for a long time before 1 January 2012, they only accrued vacation days over the last six months of the illness period and not from the start. In the event of dismissal, these employees were also only paid those vacation days for the last six months. This was in violation of a European directive on working time.
Legislative change
The law has therefore been amended from 1 January 2012 so that everyone who is ill for a long time accrues holidays right from the start. The Supreme Court ruled that the Dutch government is responsible for the employees who have previously missed this. These people can stay until November 23, 2016 at the SZW Agency, part of the Ministry of Social Affairs, file a claim for damages.
Submit a claim?
You can submit a claim if you were sick for more than six months between November 23, 1996 and January 1, 2012 and your contract ended before or on November 23, 2016. Please note, there is a limitation period: has it been longer than five years since you are fired? Then you cannot submit a claim. Check the ministry's website for this more info about this. Here is how to submit a claim and you will find a calculation of the damage. If you need help, please call the Information and Advice Center AOb: 0900 4636262 (5 cents per minute).
