Are public holidays paid holidays?
An agency worker is entitled to continued payment of the effective wage on public holidays when he does not work on account of that public holiday. The condition is that it must be a public holiday, as far as this does not coincide with a Saturday and/or Sunday.
Method of paying the public holiday:
In the event of an agency work employment contract with an agency clause: the employment agency can choose between paying the public holiday at the expense of the reservation or continue to pay the effective wage.
In the event of an agency work employment contract without an agency clause/agency work employment contract for a definite/indefinite period of time: the employment agency continues to pay the wages.
If it is not clear from the agency work employment contract whether the public holiday coincides with a day that is deemed a normal working day, the agency worker is granted a public holiday if:
- The agency worker has worked at least seven times op on the relevant day of the week during a period of 13 weeks preceding the relevant public holiday.
- The agency worker has not yet worked for 13 weeks, but has worked on the relevant day of the week in more than half the number of weeks in which he has worked.
If the temporary agency worker is entitled to be paid for the public holiday, and there has been no amount of work contractually agreed or the working time deviates structurally from the agreed amount of work, the average number of hours should be calculated in the following way:
For example, if the public holiday falls on Monday, the agency must first calculate the amount of Monday worked in the previous thirteen weeks. Then calculate the sum of all hours worked on the given Monday and finally divide this sum by the number of Monday worked. The result is the number of hours for which the employee will receive payment for a generally recognized public holiday.
New Year’s Day, Easter Monday, Ascension Day, Whit Monday, Christmas Day and Boxing Day, King’s Day, Liberation Day in anniversary years.
The time-based current gross wage, excluding holiday allowance, benefits, payments, overtime, compensatory hours, etc.
Article 27 of the CLA for Agency Workers