The Chain of Fixed-Term Contracts in Rijswijk
In Rijswijk, where many residents work in sectors like retail, IT, and hospitality, the chain rule for fixed-term contracts plays a crucial role in Dutch employment law. This regulation prevents employers from keeping employees in perpetual uncertainty through flexible roles and protects Rijswijk workers from abuse while promoting more stable employment relationships. This article explains how the rule works, its legal foundation, and practical tips for employers and employees in our municipality.
What Does the Chain Rule Mean for Rijswijk?
The chain rule, as outlined in the Dutch Civil Code (BW), limits the number and duration of consecutive fixed-term contracts before an employer is legally required to offer a permanent position. This is particularly relevant for Rijswijk employees who often start with flexible roles at local businesses. The goal is to prevent indefinite temporary employment and encourage permanent contracts. The chain of fixed-term contracts describes this sequence, where breaks between contracts can reset the chain.
Under standard rules, an employer may offer up to three fixed-term contracts within 24 months. Exceeding this limit automatically converts the contract to permanent employment. In Rijswijk, collective labor agreements (CAOs) in specific sectors—such as the staffing industry—may allow for different rules, but always in favor of the employee. In case of doubt, consult the Rijswijk Legal Helpdesk for free advice.
Legal Basis in the Civil Code
The chain of fixed-term contracts is governed by Article 7:668a BW, which permits a maximum of three consecutive fixed-term agreements within 24 months. A break of six months or more resets the chain; for seasonal agricultural work, the period extends to nine months. This helps Rijswijk employers and employees understand their rights.
The Wet Werk en Zekerheid (WWZ) of 2015 shortened the period from 36 to 24 months to limit flexible employment. Employers must disclose the end date and chain implications in writing for fixed-term contracts (Article 7:655 BW). Non-compliance may result in a permanent contract or compensation via the Rijswijk District Court.
In sectors with CAOs—such as Rijswijk’s staffing agencies (ABU-CAO)—the chain may extend up to four years under certain conditions. Always verify the relevant CAO, which takes precedence over the law.
Practical Examples of the Chain in Rijswijk
For example, a junior employee at a local IT company in Rijswijk starts with a six-month contract, followed by nine and twelve months—all within 24 months without a six-month break. The fourth contract then becomes permanent unless the chain is interrupted.
In Rijswijk’s retail sector, stores hire temporary staff during peak periods like the holidays. Short breaks count as part of the chain; only a six-month gap resets it. For hospitality, with seasonal peaks, a shorter break may suffice.
An IT freelancer in Rijswijk working on project-based contracts: three agreements within two years trigger a permanent employment relationship. Employers must plan accordingly to avoid claims in the Rijswijk District Court.
Comparison: Standard vs. CAO Deviations
| Aspect | Standard Chain (BW) | CAO Deviation |
|---|---|---|
| Number of contracts | Maximum 3 | May be higher, e.g., 4 in staffing |
| Duration of period | 24 months | May be longer, e.g., 4 years |
| Break required | 6 months | May be shorter for seasonal work |
| Consequence of exceeding | Permanent contract | Permanent contract, CAO terms apply |
Rights and Obligations in Fixed-Term Contracts in Rijswijk
Rights of Rijswijk employees:
- Automatic conversion to a permanent contract after exceeding the chain.
- Protection against arbitrary dismissal; contracts must end in writing.
- Right to demand a permanent contract via the Rijswijk District Court in case of violation.
Employer obligations:
- Provide written information about the chain and end date.
- Do not manipulate 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 protection. For issues, contact the Rijswijk Legal Helpdesk or the Municipality of Rijswijk for support.
Frequently Asked Questions About Fixed-Term Contract Chains in Rijswijk
What if a CAO regulates the chain differently?
A CAO may deviate from Article 7:668a BW, but only in ways that are favorable or neutral to the employee. Check the CAO for your Rijswijk sector. Without a CAO, the standard law applies. For personalized advice, the Rijswijk Legal Helpdesk offers free assistance.