Questions about holiday pay and ORT? Get free advice

Questioner

I have a permanent contract with my employer. I work in shifts of 13 hours a day, 7 days in a row. After 7 days of service I have 7 days of leave. For every hour worked I receive an irregular hours allowance (ORT) as a percentage of the basic hourly wage. This means that I get 7x13 hours of ORT during a week of service. The service weeks are scheduled in an annual schedule and are fixed. Now it happens quite often that the planning only schedules me for 3 or 4 services per service week. This means I miss 3 or 4 days of ORT. Since I always receive the ORT, this has become a "fixed salary component" as I could read on the internet. If I am paid my salary and I have only worked 3 shifts in a scheduled service week, I will only receive 3x13 hours of ORT. In my opinion this is not correct, because the weeks are scheduled in a fixed schedule and I should therefore receive 7x13 hours of ORT. It is also clear to my employer that I am willing to work Is my reasoning correct then? My employment contract also states that I receive a monthly salary in holiday pay every year. But since my ORT has become a fixed salary component, should I also receive my average ORT + my holiday pay? This is also not the case, which means that I receive a "bare" monthly salary as holiday pay. Could someone give me a clear answer to this, preferably with sources that I can take to my employer to discuss.

Lawyer

According to the judge, irregular hours allowance can have both a fixed and a one-off character. http://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:GHDHA:2013:2244 Which collective labor agreement applies to your employment contract?

Questioner

Thank you for your answer. I have an individual employment contract, so I am not covered by a collective labor agreement. I actually found the statement you made on the internet as well. This does make a lot clear. However, I don't know exactly if this also applies to me, since we are paid in a slightly different way. I will contact my employer about this..