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Do I get holiday pay when I leave my company?

Last activity 19 November 2020 by AV1985

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_iamdave

To cut a long story short I will be leaving my current employer in Belgium at the end of the month after being with them for a year and moving out of the country.

This is my first job in Belgium and likely will not get another so wanted to know about getting my holiday pay and when I should get money owed taken from my agreed salary for the 13th & 14th months.

I've worked a full year with them so was not entitled to take vacation but assume I have now earned time but as I will not be employed in the country to spend it does my current (soon to be previous) employer need to pay it me with my last pay check?

Also, as I have not been paid my full salary each month with parts held back, I was wondering when I would get this? I had some money in December and May but again it was calculated on time worked. If I add this money up and all of my 12 pay checks then I am missing a fair chunk of cash which I'd like as soon as possible rather than in December.

Thanks in advance, would like to know what rights I have before I get in touch with HR :)

phipiemar

It's hard to answer your question because you do not give the reasons for the end of your employment contract. Resignation or dismissal or end of a fixed term contract?

Year-end bonus
- You usually touch a year-end bonus in December? In most cases, you will retain this right even if you leave the company earlier in the year. You obviously will earn a percentage of that amount, calculated based on the number of days worked during the year.
- Warning: in most companies, you have to prove five years of seniority. In addition, in some areas, the granting of the year-end bonus to a resigning employee is excluded.

Holiday pay
- Shortly after your departure, your employer will pay you a sum of money with the communication 'holiday pay balance' or 'advance holiday pay'.
- This amount includes:
1) First, the savings for the days off that you have not taken in the current year;
2) secondly, the single and double holiday pay for the rights to holidays that you have already made at the time of departure for the following year. For example, if you leave the company end of June, you have the right to half of your days off.

But if you have doubts, you should contact the union ...

_iamdave

Thanks for the reply.

The clarify I am coming to the end of a fixed-term 1 year contract, which will not be renewed due to the company not doing so well and reducing head count by different means.

This is why I am nervous about receiving holiday pay/not sure if I am entitled to it. Even though it would be annoying not to get it what I am concerned of the most is not receiving my full salary that was agreed for the year due to what has been held back, I wouldn't call this a bonus as it's not money extra on top of the money I should have gotten.

Will speak to the union/HR though.

AV1985

Hi,

I am in the same situation as you. I will be leaving my current (and first) Belgium employer and moving to a different country by end of January. I would like to know whether my Belgium employer will pay me the holidays that I have accumulated for the next year. Did you get your unused holidays paid in final payroll when you left the Belgium employer?

Thanks for your time to reply.

Br.

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