The basic principle: equality with permanent employees
The law is very clear on this: as a temporary worker, you have essentially the same rights to pay during legal holidays as permanent employees at the company where you work. This principle of equality is fundamental to temporary work in Belgium.
This concerns the 10 legal public holidays that Belgium has. But the complexity is in the timing: when is that public holiday paid and by whom?
What about replacement days?
What if a public holiday falls on a Sunday or normal inactivity day (such as a Saturday, if you work in a 5-day system)?
The public holiday is then replaced by a replacement day. This is a day on which you do not work but receive pay. You follow the user-company scheme.
Crucial to know: You are entitled to the replacement day if you are under contract on the day of the replacement, whether or not you would still be working on the original holiday.
When do you get paid?
Your rights to paid public holidays depend on when the public holiday falls in relation to your agency contract.
Scenario A: the public holiday falls during your contract
This is the simplest scenario. You are always entitled to the paid holiday, just like the company's permanent employees.
Scenario B: the public holiday falls between two contracts
Here the flexibility of agency work is observed. You are entitled to pay for the public holiday if:
- Your assignments were with the same company.
- The interruption only is the public holiday (possibly combined with normal inactivity days, such as the weekend).
Suppose: Your contract runs until Friday. The following Monday is a legal holiday. If you start at the same user again the following Tuesday, you are entitled to that Monday's payment!
Scenario C: the public holiday falls after your last contract
The length of your employment with the user (the anciency) is decisive here:
- Less than 15 days worked: Unfortunately, here you are not entitled to the holiday.
- 15 days to 1 month worked: You are entitled to one public holiday, provided it falls within 14 calendar days of the end of your last agency contract.
- Worked for more than 1 month: You are entitled to all public holidays that fall within 30 calendar days of the end date of your last contract.
This is an essential protection in Belgian labour law that recognises and rewards your flexible commitment.
Working on a public holiday: pay and catch-up rest (the double bonus)
Working on a legal public holiday is in principle prohibited in Belgium. There are of course exceptions (think of sectors such as healthcare, catering, or continuous shifts). If you are employed in such a sector:
The compensation formula
You are entitled to two types of compensation, paid by TRIXXO JOBS in cooperation with the user:
- Catch-up rest (replacement day): You are entitled to a replacement day that you take at a later time (often within six weeks). The employer must pay you for the day you worked on the holiday, not as pay for that day, but as pay for the catch-up rest you will take later.
- Surcharge on pay: In addition to catch-up rest, you will also receive a supplement (a premium) on your pay for performance on the public holiday. This amount is often stipulated in sectoral collective agreements (Collective Labour Agreements).
Correctly allocating catch-up rest and accurately calculating sectoral bonuses can be complex. At TRIXXO JOBS, we unburden our clients by handling this complex payroll flawlessly. This avoids risks and guarantees candidate's job happiness.
Your rights as a temporary worker are protected
The rules seem complex at first glance, but the essence is simple: Belgian legislation protects your rights as a temporary worker. Your sustainable job happiness and the appreciation of your flexible commitment are central.
TRIXXO JOBS, as your legal employer, guarantees the correct application and payment of all your rights. We ensure that the legislation on pay, substitute days and allowances is accurately followed, so that you can focus on your job.