Chain Arrangement and Chain Provision in Zoetermeer
The chain arrangement regulates the number of temporary employment agreements that an employer may offer before a permanent contract becomes mandatory.
Basic Rule
An employer may offer a maximum of 3 temporary contracts within a period of 3 years. If this limit is exceeded, a permanent employment relationship arises immediately.
How Does the Counting Work?
- A 4th contract automatically results in a permanent contract
- If the total duration exceeds 3 years, the contract becomes permanent
- An interruption of more than 6 months breaks the chain
Practical Example
Contract 1: 1 year → Contract 2: 1 year → Contract 3: 1 year → Upon extension, the contract automatically becomes permanent (exceeding 3 years).
Deviating Rules via Collective Labour Agreement
A Collective Labour Agreement (CAO) may contain different provisions:
- Maximum of 6 temporary contracts
- A period of maximum 4 years
- This applies only to specific functions with a clear justification
Seasonal Work
For seasonal work, the interruption period of 6 months may be reduced to 3 months.
Prohibition on Revolving Door Constructions
Intentionally interrupting the chain to circumvent the rules, also known as a revolving door construction, is not permitted.
Statutory basis: Article 7:668a Dutch Civil Code
Local Support in Zoetermeer
For legal advice on the chain arrangement, you can contact the Juridisch Loket Zoetermeer. In addition, the District Court of The Hague handles cases falling under this jurisdiction.
Frequently Asked Questions about Employment Contracts
When does a permanent contract arise under the chain arrangement?
A permanent contract arises automatically after more than 3 temporary contracts within 3 years, or if the total duration of the contracts exceeds 3 years. A 4th contract leads directly to a permanent employment relationship. An interruption of more than 6 months (or 3 months for seasonal work) breaks the chain.
Is it permitted to circumvent the chain arrangement with a short break?
No, this is called a revolving door construction and is not legally permitted. If an employer deliberately inserts an interruption to avoid a permanent contract, this can be challenged in court, which may award a permanent contract.
Do other rules apply in my CAO?
Yes, a CAO may deviate from the standard rules, for example with a maximum of 6 contracts over 4 years. This must be recorded in writing and objectively justified. Consult your CAO or seek advice from your trade union.
What about seasonal work and the chain arrangement?
For seasonal work, the interruption period may be shortened to 3 months. A break of more than 3 months then breaks the chain. Check your contract or CAO for the precise rules.
What if my employer does not offer a permanent contract after 3 contracts?
You can take legal action. First send a written request to your employer referring to Article 7:668a Dutch Civil Code. If this does not work, engage a lawyer or initiate proceedings at the sub-district court in The Hague.