Chain Arrangement and Chain Provision in Rijswijk
The chain arrangement stipulates how many successive fixed-term employment contracts may be offered before a permanent contract becomes mandatory.
Basic Rule
A maximum of 3 fixed-term contracts may be concluded within a period of 3 years. If this is exceeded, a permanent position arises immediately.
How Is This Calculated?
- A 4th contract automatically results in a permanent contract
- A total duration of more than 3 years results in a permanent contract
- 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 the next extension, a permanent contract arises (exceeding 3 years).
Deviating Rules via Collective Labour Agreement
A collective labour agreement may provide for different arrangements:
- Maximum of 6 fixed-term contracts
- A period of maximum 4 years
- Exclusively for specific roles with a valid reason
Seasonal Work
For seasonal work, the interruption period of 6 months may be reduced to 3 months.
Circumvention of Rules
Intentionally interrupting the chain to avoid a permanent contract, also known as a revolving door construction, is not permitted.
Statutory basis: Article 7:668a Dutch Civil Code
Frequently Asked Questions about Employment Law in Rijswijk
When does a permanent contract arise under the chain arrangement?
A permanent contract arises if you have more than 3 fixed-term contracts within 3 years, or if the total duration exceeds 3 years. A fourth contract also leads directly to a permanent position. An interruption longer than 6 months (or 3 months for seasonal work) restarts the count.
Can an employer circumvent the chain arrangement with a short break?
No, this is called a revolving door construction and is prohibited. If an employer intentionally interrupts the chain, this can be legally challenged. A judge may rule that a permanent contract exists nonetheless. Keep all documents and communications as evidence.
Do other rules apply in my collective labour agreement?
Yes, a collective labour agreement may deviate, for example with a maximum of 6 contracts over 4 years. This must be laid down in writing and objectively justified. Consult your collective labour agreement or seek advice from your trade union or HR department.
How does the arrangement work for seasonal work in Rijswijk?
For seasonal work, the interruption period may be shortened to 3 months. A break of more than 3 months breaks the chain. For example: working 3 summers with a 4-month interruption does not lead to a permanent contract. Check your agreement or collective labour agreement.
What if my employer does not grant 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 help, engage a lawyer or initiate proceedings at the subdistrict court in The Hague. Retain all relevant documents as evidence.
Relevant authorities in Rijswijk: For legal advice, you can contact the Rijswijk Legal Desk. For court cases, Rijswijk falls under the The Hague District Court.