EMPLOYMENT CONTRACT

As an employer, how should I deal with religious holidays?

Ronald Vereijken - Arbeidsjurist in Eindhoven
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As an employer, how should I deal with various religious holidays? Read here to find out what you need to keep in mind from a legal perspective.

In a diverse working environment, it is normal for employees to have different religious and cultural backgrounds. This raises questions about (public) religious holidays: can an employee take time off for Eid al-Fitr or Hanukkah? And what if someone wants a day off for Diwali or another religious celebration? As an employer, you want to handle this carefully, but what does the law say?

The Netherlands has a number of official public holidays, such as Christmas, Easter and King's Day. These are often included as mandatory days off in collective agreements or employment contracts. Religious holidays such as Eid al-Fitr, Eid al-Adha, Hanukkah or Diwali are usually not included.

However, this does not mean that you can simply reject a request for leave. Under the General Equal Treatment Act (AWGB), employers are not allowed to discriminate on the basis of religion. You are obliged to consider the request seriously and carefully explain why you are granting or denying it.

Need advice?

When can you refuse a leave request?

You do not have to automatically agree to every request. For example, if it is not possible to cover the work, or if it is a busy period, you may refuse the request for leave. However, you must be able to substantiate your decision. A vague objection such as “we are busy” is not legally sufficient.

Always show that you have taken the employee's interests into account and that you have made the decision in a reasonable manner.

What can you do as an employer?

A well-defined policy helps to manage expectations and prevents you from having to reinvent the wheel every time you receive a request.

  • Indicate in your employment handbook how you deal with religious holidays.
  • Allow employees to take religious holidays from their statutory leave hours.
  • Offer the option to switch with regular public holidays if this is feasible from an organisational perspective.
  • Have a conversation: ask what is important to the employee and what is possible within the team.

What does the collective agreement state regarding religious holidays?

Some collective agreements contain specific clauses regarding religious holidays. For example, the possibility of exchanging public holidays for religious holidays. So always check what is stated in your collective agreement or terms and conditions of employment first.

Ensure clear communication in the workplace

From a legal perspective, as an employer, you have the freedom to make your own choices, but it also comes with responsibility. By creating a policy in advance and being clear about it, you're providing clarity. Want to know more or have questions about your situation? Get in touch with us, we're happy to help.

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