Chain Rule Interruption in Den Haag: When Does the Counter Reset?
For employees in Den Haag, the chain rule interruption under employment law is essential to prevent prolonged temporary contracts. Under Article 7:668a BW of the Dutch Civil Code, the counter for a maximum of three temporary agreements within two years or 36 months resets upon an interruption exceeding six months. This protects Den Haag workers from abuse and promotes permanent employment. For questions, seek free advice from the Juridisch Loket Den Haag.
Legal Basis for Chain Rule Interruption in Den Haag
Article 7:668a BW provides that successive temporary contracts convert to a permanent contract after three or more agreements within 24 months, or upon reaching a total duration of 36 months. Paragraph 6 is key for the chain rule interruption: interruptions longer than six months restart the chain. Shorter periods count toward the total. The Supreme Court (e.g., ECLI:NL:HR:2015:330) clarifies that it concerns the employment relationship, including periods of illness, maternity leave, or unemployment benefits without an active contract.
Chain Rule Interruption in Den Haag Practice
In Den Haag, the Rechtbank Den Haag (sub-district court) examines the actual intervening period. An interruption of six months and one day strictly resets the chain. Employers manipulating this risk contract nullity for breaching good employership.
What Qualifies as an Interruption in Den Haag?
- No Employment Contract: The full period without a contract counts entirely.
- Effective Duration: Only the actual running time, no fiction.
- Exception Permanent Contract: The chain rule then ceases to apply.
CAO deviations apply if more favorable to the employee (art. 7:668a(8) BW), often relevant in Den Haag sectors like government or healthcare.
Examples of Chain Rule Interruption for Den Haag Staff
Example 1: Reset After Long Break
From 1-1-2022 to 31-12-2022 (12 months), 1-1-2023 to 30-6-2023 (6 months), and 1-7-2023 to 31-12-2023 (6 months): three contracts within 24 months = permanent. But with seven months downtime until 1-8-2024, it resets for a new chain with a Den Haag employer.
Example 2: Short Break Continues the Chain
Two contracts with five months in between: chain continues toward permanent after two years.
Example 3: Illness During Interruption
Illness or unemployment benefits count as an interruption without continued pay, ideal for Den Haag with its many temp jobs.
Rights and Obligations Under the Chain Rule in Den Haag
Employee Rights:
- Claim permanent contract if chain unbroken.
- Submit dispute to sub-district judge at Rechtbank Den Haag.
- Reset after >6 months interruption.
Employer Obligations:
- Provide clear contract dates.
- No abuse through unfair breaks (art. 7:611 BW).
- Inform about chain progress.
Summons possible for permanent position or transition payment via Gemeente Den Haag or legal aid.
Comparison of Interruptions in the Chain Rule
| Situation | Interruption | Effect on Chain | Den Haag Example |
|---|---|---|---|
| Multiple Contracts | < 6 months | Chain Continues | 3-month break: counts in 24/36 months |
| Multiple Contracts | > 6 months | Chain Resets | 7-month break: fresh start |
| Illness/Unemployment Period | > 6 months | Reset Without Pay | Unemployment counts in Den Haag |
| CAO Deviation | N/A | CAO Rule Applies | More Favorable to Employee |
FAQ: Chain Rule Interruption Den Haag
When Does the Interruption Run Exactly?
From end of previous contract to start of new; actual dates, no fiction.
Do On-Call Contracts Count?
Yes, since 2020 if ≥2 months or regular work (art. 7:668a(1) BW).
May Employer Fake an Interruption?
No, sub-district judge at Rechtbank Den Haag may award permanent contract.
Applies to Temp Workers in Den Haag?
Yes, except ABU/NBBU CAO with phases; permanent after phase 3.
Tips for Chain Rule in Den Haag
- Keep a Logbook: Record dates, breaks, and totals.
- Seek Advice: Call Juridisch Loket Den Haag for free review.
- Start Dispute: Go to sub-district judge at Rechtbank Den Haag.
- Check CAO: Via Gemeente Den Haag or union.