Can an employer refuse requested vacation days?

Questioner

I submitted my vacation request this week. I have requested time off between Christmas and New Year's Eve for years and this has never been a problem. I request my vacation well in advance. Now also more than a year in advance. Now I have a new manager and he suddenly says that people who have not had time off this year have priority to have time off between Christmas and New Year's Eve next year. I find this very strange because in my opinion my employer is not allowed to refuse my vacation request if I submit it so far in advance or is this allowed? Another colleague of mine who retired this year always had August off and there was never any discussion about it when others wanted time off as well, whether or not this was possible. Now they are also throwing it on the fact that someone in the team must always be available. This is the first time this has happened so I would like to know what my rights are in terms of vacation requests and their approval and whether my employer may refuse my vacation for next December.

Lawyer

In general, the employer has the obligation to enable the employee to take vacation. According to Dutch law (Burgerlijk Wetboek boek 7, article 638) the employer must in principle enable the employee to take his statutory vacation days. As an employee you are entitled to at least four times your weekly working hours per year in vacation days. Regarding the determination of the vacation period, the law states that the vacation is determined according to the wishes of the employee. The employer can only deviate from this wish if there are important business or service interests for this. This means that if your request for vacation significantly disrupts the business process, the employer can refuse it. The managerial complaints that someone must always be available can be seen as a compelling business interest, depending on the specific circumstances. The fact that other employees have priority because they have not yet taken vacation is not necessarily a compelling business interest. It is important to know that the employer must respond within two weeks of the request. If the employer does not respond in time, the vacation is considered to have been approved according to the employee's wishes. In your case, I would advise you to talk to your employer or manager to communicate your rights and wishes regarding your leave request. If this does not lead to a desired solution, you may consider seeking legal advice from a professional. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.