The Chain of Fixed-Term Contracts in Westland
In Westland—a region deeply rooted in thriving horticulture and agriculture—the chain of fixed-term contracts plays a vital role in safeguarding local employees from prolonged uncertainty. This chain rule under Dutch labor law determines when a series of consecutive fixed-term agreements automatically converts into a permanent contract. Particularly in seasonal sectors like greenhouse farming, this regulation helps prevent the abuse of flexible employment. This article explores its mechanics, legal boundaries, and implications for employers and employees in the Municipality of Westland.
What Does the Chain Rule Mean for Westland?
The chain rule, outlined in the Dutch Civil Code (BW), limits the number and duration of fixed-term contracts with the same employee to avoid indefinite temporary employment and promote stable jobs. In Westland, where many roles in horticulture are seasonal, this is especially relevant. The fixed-term contract chain describes this sequence, where breaks between contracts count toward the calculation.
By default, an employer may issue up to three fixed-term contracts within two years (24 months). Exceeding this threshold results in an automatic conversion to a permanent contract. Collective labor agreements (CAOs), such as those for horticulture, may adjust these terms—but always in favor of the employee. Local employers in Westland must adhere to these rules to avoid disputes before the District Court of Westland.
Legal Framework in Labor Law
The fixed-term contract chain is codified in Article 7:668a BW, allowing a maximum of three consecutive fixed-term agreements within 24 months. A six-month or longer break resets the chain; however, for seasonal work in Westland’s agriculture and horticulture, a nine-month exception applies, aligning with harvest cycles.
The Wet Werk en Zekerheid (WWZ, 2015) shortened this period from 36 to 24 months to curb excessive flexible employment. Employers must disclose the end date and any intended permanent follow-up in writing for fixed-term contracts (Article 7:655 BW). Non-compliance may result in an automatic permanent contract or compensation. For sectors like Westland’s greenhouse horticulture, CAOs offer more flexible rules—for example, a longer chain in temporary staffing (ABU-CAO). Always verify the relevant CAO, which takes precedence over the law.
How the Fixed-Term Contract Chain Works in Westland
Example: A seasonal worker in a Westland greenhouse starts with a six-month contract for harvest season, followed by a nine-month extension and a third of twelve months—all within 24 months without a six-month break. The fourth contract then becomes permanent, unless the chain is interrupted.
In local retail or hospitality—such as during peak holiday or harvest seasons—temporary staff are often hired. Short breaks (e.g., a week) count as part of the chain; only six months or more resets the calculation. For Westland’s hospitality and horticulture seasons, a shorter break may suffice to break the chain. Even an IT freelancer in Westland’s agritech sector risks a permanent employment relationship after three projects within two years. Employers must plan carefully to avoid claims with the Westland Legal Desk or the District Court.
Comparison: Standard vs. Deviating Chain Rules
| Aspect | Standard Chain (BW) | Deviation via CAO |
|---|---|---|
| Number of Contracts | Maximum 3 | May be higher, e.g., 4 in horticulture staffing |
| Duration Period | 24 months | May be longer, e.g., 4 years for seasonal sectors |
| Break Requirement | 6 months | May be shorter for Westland harvest cycles |
| Consequence of Exceeding | Permanent contract | Permanent contract, unless CAO specifies otherwise |
Rights and Obligations in Fixed-Term Contracts in Westland
Employee Rights:
- Automatic conversion to a permanent position upon exceeding the chain.
- Protection against arbitrary dismissal; fixed-term contracts require written termination.
- Right to demand a permanent contract via the District Court of Westland in case of violations; seek advice from the Westland Legal Desk.
Employer Obligations:
- Communicate the chain and end dates in writing.
- Avoid manipulating the chain with short breaks.
- Pay a transition allowance for contracts longer than six months (Article 7:673 BW).
Employees must fulfill their contractual obligations, but the focus remains on their protection—especially in Westland’s dynamic labor market.
Frequently Asked Questions About the Fixed-Term Contract Chain
What if the chain is regulated differently in a CAO?
A CAO may adjust legal rules, but only in a manner favorable or neutral to the employee. Review the CAO for your Westland sector, such as horticulture. Without a CAO, Article 7:668a BW applies. In case of doubt, contact the Westland Legal Desk for free advice.