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Record vacation days?

How about recording vacation days in a settlement agreement?

Settlement agreement and (recording) vacation days

3 minuten mr. Jeroen Kaspers arbeidsrecht voor werkgevers 11 juli 2023 2025

Vacation days:

''At the end of the employment contract, a final settlement takes place of the accrued holiday pay and the vacation days/leave hours.''

It will often occur that when you sign a settlement agreement, you still have vacation days, atv-days or other types of leave days outstanding with your employer. It is important to make clear arrangements about this in the settlement agreement. This prevents you from facing unpleasant surprises at the end of your employment.

Legal starting point

The starting point of the law is that upon termination of employment, outstanding leave days are paid out to you. If it is not included in the settlement agreement, then THAT is the starting point.
However, often part of the settlement agreement will be that you are exempted from work. In another contribution about exemption from work you can read more about this.
When you are exempted from work, employers often include in the settlement agreement that any outstanding leave days are deemed to have been taken at the end of the employment. In other words: at the end of the employment, you have nothing left outstanding.

Record balance!

Depending on the question of how much leave you still have outstanding, this can be a point of negotiation. We gladly advise and guide you in this. In any case, it is always advisable to check with your employer beforehand what the outstanding leave balance is before signing a settlement agreement. Also have this included in the settlement agreement, so that no misunderstandings (can) exist about this.

mr. J.A. Kaspers

mr. J.A. (Jeroen) Kaspers


Jurist en Mediator

Jeroen is specialist ontslag en arbeidsrecht. Met succes onderhandelt Jeroen bij vaststellingsovereenkomsten of disfunctioneren. Komt u er niet uit? Raadpleeg Jeroen via kaspers@wolderwijd-juristen.nl of 036 522 7007.

Meer van mr. J.A. Kaspers over arbeidsrecht voor werkgevers:

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