Legislator Case Law & Legislation
ECLI:NL:RBROT:2022:7466 ECLI:NL:RBROT:2022:7466 AI generated

Court awards unpaid vacation pay but dismisses back pay claims as fully settled by prior payment.

Case Number ECLI:NL:RBROT:2022:7466
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court dismissed the plaintiff's claim for outstanding salary and vacation pay because these amounts had already been fully paid on November 16, 2021. While the defendant successfully argued against the back pay, the court found the plaintiff had taken 41.78 hours of vacation in excess of their entitlement, ordering the defendant to pay the corresponding value of €522.25 plus statutory interest. Consequently, the plaintiff was ordered to bear the costs of the main claim, though the defendant covered the costs of the counterclaim.

Legislator headnote

AI generated

Article 7:625 BW; Article 7:618 BW: Where wages and vacation pay have been fully paid prior to a final settlement, a claim for arrears is inadmissible, but an employer remains liable for the monetary value of vacation hours taken in excess of the statutory entitlement.

Keywords

AI generated
unpaid vacation pay excess vacation hours salary arrears statutory interest vacation allowance labor dispute final settlement

Cited Legislation

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Article 7:625 BW
Article 7:618 BW
Article 6:119 BW
artikel 7:625 BW
artikel 6:119 BW

Cited Case Law

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AI generated

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