Setting holiday dates is not just a matter of common sense: it's an exercise governed by the law. To avoid misunderstandings, tensions or legal errors, employers need to know the rules. This article provides an overview.
A right for all employees
In Belgium, annual holidays are a legal right. The number of days depends on the employee's status and working hours. As a general rule, a full-time worker who has worked throughout the previous year is entitled to 20 working days' holiday.
Who decides on the dates of leave?
Leave must be arranged by mutual agreement between employer and employee. The law prohibits either party from unilaterally imposing the dates. There is one exception: collective closures, if these are planned and communicated in advance.
What the law says
- Leave must be taken before 31 December of the current year (except in special cases such as illness).
- Each employee must be entitled to at least two consecutive weeks' leave between 1 May and 31 October.
- It is the employer's responsibility to ensure that leave is actually taken, as it is essential for the health and balance of the teams.
Practical planning in the workplace
Many companies ask employees to plan their leave:
- At the start of the year or by period (quarter, half-year, etc.)
- Using absence management tools or shared calendars
Objective: to guarantee the organisation of work while respecting individual preferences.
The role of employment regulations
Employment regulations are a central tool for managing holidays. In particular, they can specify:
- Practical arrangements for requesting leave
- Deadlines to be respected
- Any collective closure periods
- Priority criteria in the event of conflicting requests
It serves as a clear and legal reference, limiting misunderstandings and ensuring fair management.
In summary
- Leave is a right, but also a shared responsibility
- Advance planning avoids tensions and ensures continuity
- Employment regulations are an essential tool for providing a framework and facilitating this organisation.
By Daniel Binamé, Development and Partnerships Manager, Partena Professional
This article may also be of interest to you: Unpaid leave: the keys to managing it successfully