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Minimum paid annual holidays

 

Principles 

Holiday entitlement depends on the time for which the worker worked in the course of the holiday year (i.e. the calendar year preceding that in which the holidays are to be granted).

Holiday entitlement must be at least 24 days for 12 months' work, including the non-working days declared by Royal Decree to be equivalent to normal working days.

The worker is entitled to maximum 4 weeks of holidays per year under his work pattern applicable at the time of taking his days off.

In addition, collective labour agreements concluded within a joint body and given binding force by Royal Decree may provide for extra holidays.
The social partners have made extensive use of this possibility.  

The workers who start an activity in Belgium or those who continue an activity after a complete or partial suspension of the employment contract and who have pursued an activity during a minimum period of 3 months (or 90 calendar days) in a calendar year are entitled to additional holidays, on top of the normal legal holidays, which enables them to be entitled to 4 weeks of holidays. 

Derogation 

Article 6 fo the Belgian Posting Act of 5 March 2002 

The employer who posts workers in Belgium does not have to apply the legislation regarding minimum paid annual holidays where the works to be performed fulfill certain cumulative conditions.
 

Legal references

  • Articles 3–8 and 17bis of the Coordinated Acts of 28 June 1971 on annual holidays for employees, 
  • Articles 35, 36, 60 and 61 of the Royal Decree of 30 March 1967 laying down the general arrangements for implementation of the Acts on annual holidays for employees.

Contact

SPF Sécurité Sociale

DG Soutien et coordination politiques 

Centre Administratif Botanique - Finance Tower

Boulevard du Jardin Botanique 50 boîte 135

B- 1000 Bruxelles

Téléphone : +32 (0)2 528 63 00

Fax : +32 (0)2 528 69 68

Email :  dgBeSoC-contact@minsoc.fed.be 

Federale Overheidsdienst (FOD) Sociale Zekerheid

  DG Beleidsondersteuning en -coördinatie 

Administratief Centrum Kruidtuin - Finance Tower

Kruidtuinlaan 50 bus 135

B- 1000 Brussel

Telefoon : +32 (0)2 528 63 00

Fax : +32 (0)2 528 69 68

E-mail :  dgBeSoC-contact@minsoc.fed.be 

 

FPS Employment, Labour and Social Dialogue

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