Holiday processing during notice period

Taken from the column Ask the lawyers / Professional traffic issue 3 in 2026

Question:
I was offered a new job in April and therefore resigned from my current position. My employment contract states that I have a two-month notice period, which means I have to work through May and June. However, my new employer wants me to start in the new position on June 1st.
Can I request to leave my current employer early? If not, can I request to take a vacation in June so that I don't have to come to work during the notice period?

Answer:
The short answer is unfortunately no. You cannot request to leave early or request to take vacation during the notice period. However, it is entirely possible to agree on such a solution with your current employer, if you both agree to it.

Your employment contract is a binding agreement, and you are obliged to serve out the notice period. You and your employer can agree to terminate your employment earlier, but this requires that both parties agree. If you do not agree to terminate your employment earlier, it is important that you serve out the notice period. If you terminate without agreement, this may be considered a breach of contract. In the worst case, you may be liable for any financial loss your employer incurs as a result.

You can ask to use your vacation days before you quit, but this must also be agreed with your employer. The main rule is that the timing of vacation should be agreed between the employer and employee, and if you cannot agree, it is the employer who decides when the vacation should be taken.

If the holiday is not taken with your current employer, accrued holiday pay must be paid out at the end of the employment relationship.