Minimum Holiday Allowance WML in Den Haag
In Den Haag, the minimum holiday allowance under the Minimum Wage and Minimum Holiday Allowance Act (WML) requires employers to pay a supplement on top of the minimum wage for holiday days. This compensates Den Haag workers earning the minimum wage for their holiday pay. The minimum amount is 8% of the wages over the accrued holiday credit, usually paid out in May or June.
Legal rules for minimum holiday allowance
The minimum holiday allowance under the WML is governed by the Minimum Wage and Minimum Holiday Allowance Act (WML). Key provisions:
- Article 12 WML: Defines the allowance as a supplement to the minimum wage for holiday days.
- Article 15 WML: Guarantees at least the holiday allowance based on the minimum hourly wage over the credit.
- Article 16 WML: Sets out the calculation method and payment, without offsetting against regular wages.
This ensures that minimum wage earners in Den Haag are protected against wages below the minimum during holidays. The WML sets the floor; collective agreements or contracts may offer more, but not less.
How to calculate the minimum holiday allowance?
Step by step for situations in Den Haag:
- Calculate the holiday credit: At least 4 times the weekly hours per year.
- Compute the minimum wage for those days: From 1 January 2024, €13.27 gross per hour (age 21+).
- Add 8% supplement: Specifically for minimum wage earners based on earned wages.
Example for Den Haag: A full-time employee (36 hours/week) at a Den Haag employer accrues 136 days. At €2,000 gross monthly salary, the allowance is 8% of €24,000 = €1,920 gross, in addition to holiday pay.
Difference from standard holiday pay
The minimum holiday allowance differs from the allowance under the Flexible Work Act (Waga). Comparison:
| Aspect | Minimum Holiday Allowance (WML) | Holiday Pay (Waga) |
|---|---|---|
| Application | For minimum wage earners | All employees |
| Minimum % | 8% over minimum wage days | 8% over total wages |
| Offsetting | No offsetting against holiday pay | Offsetting possible |
| Basis | WML arts. 12-16 | Waga art. 7:637 DCC |
For precise calculation tools, see our article on holiday pay.
Rights and obligations regarding minimum holiday allowance
Employee rights in Den Haag:
- Payment in May/June or immediately upon termination.
- Minimum wage remains intact during holidays.
- Correction possible if underpaid.
Employer obligations:
- Pay on time and list on payslip.
- Adjust for minimum wage changes (twice a year).
- Retain payroll records for 7 years.
If not paid: Approach your employer, report to the Netherlands Labour Authority (Inspectie SZW), or go to the District Court of Den Haag. Limitation period: 5 years. Free advice via Legal Aid Office Den Haag.
Den Haag practice cases
Case 1: Den Haag part-timer Piet (20 hours/week) worked 48 weeks in 2023. Holiday credit: 104 hours. At €12.80/hour (2023): allowance €12.80 x 104 x 8% ≈ €106 in May 2024.
Case 2: Lisa from Den Haag leaves in July. Pro rata allowance required at settlement, otherwise fine up to €4,000 (Netherlands Labour Authority).
Case 3: During illness in Den Haag jobs, credit continues to accrue; no deductions allowed.
Frequently asked questions
What does the minimum holiday allowance cost in 2024 in Den Haag?
Depends on wages and hours. Full-time (21+): approx. €1,920 gross. Current info: rijksoverheid.nl.
When does my Den Haag employer pay?
May/June for previous year, pro rata for shorter employment. Always on payslip.
What if not paid in Den Haag?
Formal demand, then Netherlands Labour Authority or District Court of Den Haag. Claim wages + interest. Start at Legal Aid Office Den Haag.
Does it apply to on-call workers?
Yes, since 2023; on-call hours count.
Tips for Den Haag
Protect your minimum holiday allowance WML:
- Check payslips annually.
- Use government calculators.
- Seek help from Legal Aid Office Den Haag or Municipality of Den Haag for local support.
- In case of issues: report immediately to Netherlands Labour Authority.