Chain Rule in Employment Contracts in The Hague
The chain rule is a fundamental aspect of Dutch employment law, determining under what conditions a series of temporary positions in The Hague can transition into a permanent contract. This regulation protects Hague-based employees from persistent uncertainty in the local labor market, where flexible roles are common in government agencies and international organizations. This article explores how the chain rule works, its legal foundation, and the associated rights and obligations, along with practical tips for residents of The Hague.
What Does the Chain Rule Entail?
The chain rule, often referred to as regulations for successive temporary agreements, ensures that a sequence of flexible contracts—such as zero-hour or fixed-term contracts—can convert into an open-ended employment relationship. Its purpose is to prevent the misuse of temporary workers while providing greater stability to employees in the Hague region, where sectors like diplomacy and administration frequently rely on temporary roles. Without this protection, employers in the city could indefinitely keep workers in precarious positions, impacting income and career prospects in a dynamic environment like the seat of government.
In practice in The Hague, repeated temporary contracts with the same employer automatically lead to a permanent position once a set limit of contracts or duration is reached. This applies to fixed-term agreements but excludes internships or temporary agency work, unless otherwise specified in a collective labor agreement (CAO).
Legal Basis of the Chain Rule
The chain rule is outlined in Article 7:668a of the Dutch Civil Code (BW). It stipulates that employers in The Hague may grant a maximum of three consecutive temporary contracts within a 24-month period. A fourth contract or exceeding this timeframe automatically results in an open-ended agreement.
The Wet Werk en Zekerheid (WWZ, Employment and Security Act) of 2015 tightened these provisions to encourage permanent employment, particularly relevant in The Hague’s public sector. Previously, a 36-month term with more contracts was allowed. Gaps between contracts must not exceed six months to maintain the chain; a longer break resets the count. For advice on your situation in The Hague, consult the Juridisch Loket Den Haag.
Additionally, a CAO may impose different terms, but only to the employee’s advantage, such as a shorter duration for permanent status. Without a CAO, the standard law applies.
Application of the Chain Rule in The Hague
Imagine starting as an administrative assistant for the Municipality of The Hague with a six-month contract. This is followed by a nine-month extension and then a twelve-month extension, totaling 27 months. The next contract would then automatically become permanent, unless a break of more than six months interrupts the chain.
If contracts are followed by short pauses of three months, they remain part of the same chain. Employers in The Hague must carefully track these to avoid unintended permanent contracts.
Exceptions to the Chain Rule in The Hague
Not all temporary roles fall under this regulation. Exceptions include:
- Contracts to replace sick colleagues or employees on maternity/paternity leave in Hague-based offices.
- Seasonal or peak positions, such as roles in port activities or hospitality during events.
- Temporary agency work, unless the CAO specifies otherwise.
- Min-max or zero-hour contracts, provided they are not for a fixed term; otherwise, they count toward the chain.
In sectors like healthcare or education in The Hague, a CAO may allow longer terms. Always check your CAO or seek assistance from the Juridisch Loket Den Haag.
Rights and Obligations Under the Chain Rule
Rights for Hague-based employees:
- Automatic transition to permanent status after three contracts or 24 months.
- Transition payment upon termination of a temporary contract, even within the chain (thanks to WWZ).
- Protection against dismissal; employers must respect the chain rule.
Obligations for employers:
- Provide clear written contracts with defined terms and rules.
- Track the chain and communicate its phase (e.g., 'third contract').
- Avoid circumvention tactics, such as splitting contracts; this may result in penalties.
Employees should review contracts and raise objections if violations occur. In case of disputes, you can file a claim with the District Court of The Hague for recognition of a permanent contract.
Practical Examples of the Chain Rule in The Hague
Example 1: Lisa works as a policy officer for an NGO in The Hague. She starts with a six-month contract, followed by two six-month extensions. After 18 months, a fourth contract is automatically permanent. The employer could have inserted a seven-month break but prioritized continuous employment.
Example 2: In The Hague’s retail sector, a CAO limits contracts to two. Jamal’s first two roles—each nine months with a one-month gap—lead to a permanent status upon the third contract (after 19 months).
These cases illustrate the balance between flexibility and security, crucial in The Hague with its many temporary roles in healthcare and education.
Comparison: Chain Rule Before and After WWZ
| Aspect | Before WWZ (2014) | After WWZ (2015) |
|---|---|---|
| Number of contracts | Up to three (or more per CAO) | Maximum three |
| Duration of period | 36 months | 24 months |
| Break between contracts | Minimum three months to break the chain | More than six months |
| Transition payment | Only after two years | From day one for temporary contracts |
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.