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pécule de vacances when changing company
Hello,
I have a question about pécule de vacances.
I'm working in Belgium as employee with permanent contract (white collar) since January 2016.
On December 2018 I switched company.
Same contract same role.
When I left the previous company, I received an amount on my payslip for my holidays matured in 2018 and supposed to be used in 2019.
I work 40 hours per week so I am entitled to 20 days off plus 12 extra days = 32 day total per year.
On May 2019 my salary has been deducted with the amount that I have received from my previous company related to the holidays in object, so I have received less than half of my net salary.
Since the company didn't give me an explanation about that, I am wondering what does it mean?
Am I supposed at this stage to have back my full holidays paid for this year? The all 32 days matured in 2018?
Thank you in advance.
The system here is absolutely crazy and it takes some time to understand it, but basically in December 2018 you were paid your holiday pay for the holidays you will take in 2019.
Everyone has a right to holidays, there rights accrue to you in the current year. So for example, if you have worked 5 months this year, you're entitled to 5/12 of your holidays. If you work for the full year, you'll be entitled to the 20 days (ignore the public holidays, everyone gets them regardless of time worked)
However, your right to PAID holidays accrues to you in the prior year. So, if you worked the full year last year, you will be entitled to the full paid holidays this year.
When you changed jobs, your previous employer paid out to you your accrued holiday pay, i.e. the money you would get this year when you are on holiday.
Because the system is so complicated to manage, rather than transfer your holiday pay entitlement over to the new employer, they just pay it out in one go. Otherwise, they will be paying your holiday pay up to a year after you have left the company.
Although initially designed as a way to encourage companies to pay holiday pay, it has become a way for the Belgian government to deliberately suppress job mobility in the workforce, and increase employment costs and the administrative burden to some of the highest in the world.
Way to go Belgium!!
The only people who can really help you here are the HR dept at where you work as they will know, but basically you are entitled to your holidays, you just won't get paid for them, as you have already been paid for your holidays when you left your previous job.
Also - if your 32 days includes public holidays (which it isn't clear, but I assume it does) then even if you haven't taken any holiday this year, you have already used 3 days, New Years Day, Easter Monday, May 1st and you'll use a fourth on Thursday for Ascension Day, so no, you can't take 32 between now and the end of the year, only 28.
You get to take 20 holiday days this year, and the money your new company deducted from your salary will be paid back to you (for each day you are on holiday) to cover the salary of those days off. The 12 days which you accrued due to working 40 hours per week whilst your contractual weekly working hours were 38, are company specific and you will not be able to take them at your new company (also the amount deducted from your salary has not included these days).
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If now in your new company you work 40days week you have started accruing corresponding extra holidays from the day you started working and can use those days as per he company policy.
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It is also worth noting that the double pécules (holiday allowance which is paid in addition to paid holidays) was paid to you in your last salary and not deducted by the new employer, so you’ll not receive it this year.
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After all this the company policies do differ and it is always best to double check with your current HR
Thank you for these good insights. One thing I find strange is do you have to pay back to your new employer the pecule money you have received from your previous employer in gross? Because in reality you haven't received the entire sum as mentioned in your attestation des vacances, as after deductions, the net pecule money is much lower. Thanks
