As the year ends, the management of leftover holidays becomes a pressing issue for businesses. In Belgium, employees accrue holiday rights based on their previous year’s work performance. This system requires that employees use their legal holidays within the holiday year. For example, holidays accrued in 2022 must be utilised by December 31, 2023. This rule underscores the importance of effective holiday management within companies.

Carrying Over Holidays: What Employers Need to Know

A common query is whether employees can carry over holidays to the subsequent year. Generally, Belgian law does not permit this, leading to the forfeiture of unused holidays. However, there are distinctions between blue-collar and white-collar workers regarding this rule. Some companies do allow limited carry-over of legal holidays, subject to specific conditions. This flexibility highlights the need for clear holiday policies within organisations.

Employer Obligations and Legal Compliance

Employers are legally obligated to ensure their employees take their holidays. Non-compliance can attract fines. Therefore, it’s crucial for employers to inform their staff about the necessity of using their holiday entitlements. If an employee chooses not to take their holidays despite warnings, the employer is usually not liable for penalties.

Handling Extra-Legal Holidays

Extra-legal holidays, or additional days off provided by the employer, fall outside the scope of Belgian legislation. This gives employers the autonomy to establish their own rules regarding these holidays, including their carry-over. Setting clear guidelines in the company’s working regulations is advisable to avoid confusion and disputes.

Effective Holiday Management with EOR Solutions

For global companies, managing holidays across different jurisdictions can be challenging. This is where Employer of Record (EOR) solutions like Bradford Jacobs come into play. EOR services help businesses navigate the complexities of international employment laws, including holiday management. By leveraging EOR solutions, companies can ensure compliance with local regulations while efficiently managing their global workforce.

Preparing for Changes in 2024

Upcoming changes in the rules for statutory annual leave are expected in 2024 to align with EU case law. Employers should stay informed about these changes to ensure they remain compliant. EOR solutions can be particularly helpful in this regard, offering up-to-date advice and support on evolving employment laws.

The Role of EOR in Holiday Management

Effective management of leftover holidays is crucial for legal compliance and employee satisfaction. As businesses expand globally, the complexity of managing holidays across different legal frameworks increases. EOR solutions like Bradford Jacobs provide expert guidance and support in this area, ensuring that businesses can effectively manage their international workforce while staying compliant with local laws. Discover more about Bradford Jacobs’ Employer of Record solutions here and get in touch for more information.