Hi,
I've been working in Belgium since 2019. The first year I had no entitlement to paid leave days yet (except for the 'European leave days' which are deducted from the holiday pay).
Now I have resigned and will be leaving Belgium soon for a new job elsewhere.
I have quite a large balance of leave days I didn't take yet this year (built up over last year).
I will not be able to use all days before the end of my contract.
On top of that, by working for half a year this year, I should have an entitlement of almost 10 days also for the next year.
I understand that normally one takes these days to the next employer, if staying in Belgium. However, when changing countries, this will not be possible. My employer claims that the balance of these unused days will not be paid out.
Has anyone else had a similar experience? Is there really no legal obligation to pay unused leave days (if not possible to use them the same year with another Belgian employer)?
I'm not able to find information about this... But it feels rather unfair, especially given that I have in principle paid for my leave days in the first year, and now with a large balance I'm not able to use, will not be compensated.
(just to be clear: my question is not about the holiday pay/double pecule de vacance - it is about transferring unused leave days into payment. This is a rather common practice in other countries as far as I'm aware).
Thank you
Leaving Belgium - payment for unused leave days?
ESL1 wrote:Hi,
I've been working in Belgium since 2019. The first year I had no entitlement to paid leave days yet (except for the 'European leave days' which are deducted from the holiday pay).
Now I have resigned and will be leaving Belgium soon for a new job elsewhere.
I have quite a large balance of leave days I didn't take yet this year (built up over last year).
I will not be able to use all days before the end of my contract.
On top of that, by working for half a year this year, I should have an entitlement of almost 10 days also for the next year.
I understand that normally one takes these days to the next employer, if staying in Belgium. However, when changing countries, this will not be possible. My employer claims that the balance of these unused days will not be paid out.
Has anyone else had a similar experience? Is there really no legal obligation to pay unused leave days (if not possible to use them the same year with another Belgian employer)?
I'm not able to find information about this... But it feels rather unfair, especially given that I have in principle paid for my leave days in the first year, and now with a large balance I'm not able to use, will not be compensated.
(just to be clear: my question is not about the holiday pay/double pecule de vacance - it is about transferring unused leave days into payment. This is a rather common practice in other countries as far as I'm aware).
Thank you
I am sure you can in cash your holidays depends only certain holidays for that contact your HR or Admin team. They will definitely help you out.
Cheers,
ESL1 wrote:(just to be clear: my question is not about the holiday pay/double pecule de vacance - it is about transferring unused leave days into payment. This is a rather common practice in other countries as far as I'm aware).
Thank you
Certainly not common practice in other countries; in the UK for example, you would forfeit any unused holidays.
Go back to HR and proactively ask for it; dont be afraid in asking for it because they will not volunteer the information to you. In the event that they refuse to help you, contact one of the unions (if you are a member of one) to help yiou to go through the next step. You are entitled to unpaid leave when the compåny claims that you are not entitled to it;
Regardless if you leave Belgium or not, the current employer must pay you the unused holiday balances. Then you need to do a last tax declaration and most likely you will be entitled for a refund. It can take time, even if you have left do not worry they can pay you in foreign account as well
@cynic - you only forfeit any entitlement in the UK, the days are applied on a pro-rata basis, ie; 24 days holiday for the year = 2 days per month. leave in may, you get 10 days - unless you've already used 10 days, then they are 'forfeited' - but if youd taken 0 holiday january - may, then you would be owed 10days by your employer. legally.
in EU, you have to earn the holidays for the year after, so I earnt my 2021 holidays by working in 2020. if i only started working in June 2020, for 2021 I would only be entitled to "2" days x 6 months to take in 2021.
if you leave being owed those 2 x 6months for example (the question being asked) I think the company isnt responsible for paying you them (just like they wouldnt be if you moved to another company within same country), the tax office sorts it out directly and you get paid them in June/July - holiday pay - so be sure to leave a forwarding address so they can pay you accordingly. BUT.... i dont think you can just get them 'now'. As with all EU stuff, there is a process in place.
AS FAR AS I KNOW......
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