The months of April, May and June are traditionally full of public holidays in the Netherlands. This year, Liberation Day (5 May) was an official day off for many employees, as 2025 is a lustrum year. Many collective agreements and employment contracts stipulate that employees are entitled to a day off on 5 May once every five years. While many employees enjoy these official days off, the increasing cultural diversity in the workplace is also creating a growing need for trading diversity days holidays. For example, some employees would prefer to take time off for Eid al-Fitr, Keti Koti or Diwali.
This raises two important questions: are employees entitled to time off on officially recognized public holidays? And to what extent can these holidays be exchanged for others?
Public holidays: a right to time off?
The Dutch government recognises nine public holidays each year, including New Year’s Day, King’s Day and Christmas Day. However, official recognition does not automatically mean that employees are entitled to a day off. Whether or not a day off is granted depends on the applicable CBA, the individual employment contract or the company’s employee handbook.
This gives employers scope to develop policies that reflect the diversity of their workforce.
What are diversity days?
To better meet the needs of a diverse workforce, an increasing number of organizations are incorporating ‘diversity days’ into their employment benefits. This allows employees to exchange a recognised public holiday for another day of personal or cultural significance.
This approach promotes inclusivity without increasing the total number of days of leave.
Thinking about diversity days?
Remember that introducing diversity days is a sensible step towards a more inclusive workplace culture. At the same time, it requires careful decision-making and clear agreements. Here are some key points to consider:
- Review employment contracts and CLA’s: Before making any changes related to public holidays, always check what is already stipulated in employment contracts or the applicable CLA. This will avoid conflicts with existing agreements on working hours, schedules or leave.
- Define the rules clearly: Clearly state which holidays can be swapped and what the approved alternatives are such as Eid al-Fitr or Keti Koti. Also clarify whether employees can make their own choices or whether employer approval is required.
- Ensure equal treatment: Make sure the policy is accessible to all employees, regardless of religion or background. Avoid any appearance such as unfairness or favouritism.
- Plan for staffing and scheduling: Consider the impact on staffing levels when allowing time off to be exchanged. Set deadlines for requests and consider limits per department or role to maintain business continuity.
- Document the policy: Clearly state the policy in the employee handbook or internal regulations. Clearly describe the purpose of the policy, the request procedure and any exceptions.
- Involve the works council: If your organization has a Works Council, it is important to be aware that introducing diversity days may require the Council’s consent. According to Article 27(1)(b) of the Dutch Works Councils Act (in Dutch: Wet op de Ondernemingsraden, WOR), the Works Council has the right to consent to decisions regarding the establishment, amendment or withdrawal of arrangements concerning working hours, rest periods or holiday policies. If the proposed decision involves a change to the holiday policy, such as how or when holidays can be taken, this may fall under the consent requirement.
If you’re unsure whether consent is needed in your situation, please contact us. We’ll be happy to assist you further.
Conclusion
Employees are not automatically entitled to a day off on officially recognised public holidays – this depends on the applicable CBA or employment contract. However, employers have the flexibility to implement policies that better reflect the make-up of their workforce. Exchanging public holidays for personally meaningful alternatives such as Eid al-Fitr or Keti Koti is certainly possible, provided it is well organized.
More and more organizations are choosing to offer diversity days as a tailored solution. With clear policies, transparent communication and active works council involvement, diversity days can support an inclusive and sustainable work culture.
Questions about diversity days? Don’t hesitate to contact us.
