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Chain Rule and Chain Provision in Westland

The chain rule determines in Westland how many temporary contracts an employer may offer before a permanent contract arises. Read more about the rules, exceptions via CAO and seasonal work.

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Chain Rule and Chain Provision in Westland

The chain rule establishes how many successive temporary employment agreements may be concluded before a permanent employment relationship arises.

Basic Rule

A maximum of 3 temporary contracts is permitted within a period of 3 years. Exceeding this results in the contract automatically converting into a permanent contract.

How is the Chain Counted?

  • A 4th contract immediately results in a permanent contract
  • If the total duration exceeds 3 years, a permanent contract arises
  • 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 a new extension, it becomes a permanent contract (exceeding 3 years)

Deviations via CAO

In a Collective Labour Agreement (CAO), different rules may apply:

  • Maximum of 6 temporary contracts
  • A maximum period of 4 years
  • This applies only to specific functions with a clear justification

Seasonal Work

For seasonal work, the standard interruption of 6 months may be reduced to 3 months.

Prohibition on Revolving Door Constructions

Intentionally interrupting the chain to circumvent the rules (revolving door construction) is not permitted and may be legally challenged.

Statutory Basis: Article 7:668a DCC

Frequently Asked Questions about Labour Law in Westland

When am I entitled to a permanent contract?

You are entitled to a permanent contract after more than 3 temporary contracts within 3 years, or if the total contract duration exceeds 3 years. An interruption longer than 6 months (or 3 months for seasonal work) resets the count.

Can an employer circumvent the chain rule?

No, intentionally inserting short interruptions to prevent a permanent contract, also known as a revolving door construction, is prohibited. This may be legally challenged in court, such as at the District Court of The Hague.

Do other rules apply in my CAO?

Yes, a CAO may deviate, for example, with a maximum of 6 contracts over 4 years, provided it is recorded in writing and objectively justified. Consult your CAO or contact the Juridisch Loket Westland for advice.

How does the rule work for seasonal work?

For seasonal work, the interruption period of 6 months may be shortened to 3 months. An interruption longer than 3 months then breaks the chain. Check your contract or CAO for details.

What to do if my employer does not offer a permanent contract after 3 contracts?

You can take legal steps. Send a written request to your employer referring to Article 7:668a DCC. If refused, you can seek help from the Juridisch Loket Westland or initiate proceedings before the cantonal judge in The Hague.