Chain Regulation for Employment Contracts in Rotterdam
The chain regulation is a key component of Dutch employment law, determining under what conditions a series of temporary jobs in Rotterdam transitions into a permanent contract. This rule helps port workers, healthcare professionals, and other Rotterdammers escape long-term uncertainty caused by flexible contracts. In this article, we explore how the chain regulation works, its legal foundation, and the associated rights and obligations—along with tips for local advice through the Rotterdam Legal Helpdesk.
What Does the Chain Regulation Mean for Rotterdam?
The chain regulation—often referred to as 'successive employment contracts'—ensures that a sequence of temporary contracts (such as zero-hour or fixed-term assignments in Rotterdam’s logistics sector) can result in an indefinite employment relationship. Its purpose is to prevent unfair exploitation of flexible work and provide greater stability for employees in a dynamic city like Rotterdam, where many temporary workers operate in the port or for the City of Rotterdam.
In Rotterdam, this means that multiple fixed-term contracts with the same employer automatically convert into a permanent position after a set number or duration. This applies to contracts for a definite period, but not to internships or temporary agency work—unless a collective labor agreement (CAO) specifies otherwise. For Rotterdammers in sectors like the maritime industry, this is crucial for securing income stability.
Legal Basis of the Chain Regulation
The chain regulation is outlined in Article 7:668a of the Dutch Civil Code (BW). It stipulates that employers in Rotterdam may offer a maximum of three successive temporary contracts within a 24-month period. A fourth contract or exceeding this timeframe automatically converts the next contract into a permanent one.
The Wet Werk en Zekerheid (WWZ, Employment and Security Act) of 2015 tightened these provisions to encourage permanent jobs, particularly relevant in Rotterdam’s growing sectors. Previously, the limit was 36 months and more contracts. Gaps between contracts must not exceed six months; otherwise, a new chain begins. In Rotterdam, a sector-specific CAO (e.g., for port companies) may offer more flexible rules—but always in favor of the employee. Without a CAO, the law applies.
Application of the Chain Regulation in Rotterdam
For example, if you start as a logistics employee in Rotterdam’s port with a six-month contract, followed by a nine-month extension and then a twelve-month contract (totaling 27 months), your fourth contract becomes permanent—unless there’s a break of more than six months. This scenario is common with the City of Rotterdam or large employers in the city.
Shorter breaks (e.g., three months) keep the chain intact. Employers in Rotterdam must meticulously track these chains to avoid unintended permanent hires, which could lead to legal complications at the Rotterdam District Court.
Exceptions in Rotterdam Practice
Not all temporary contracts count. Exceptions include:
- Contracts to replace sick colleagues or maternity leave—common in Rotterdam’s healthcare sector.
- Seasonal work in the port or hospitality during peak periods.
- Temporary agency assignments, unless a CAO (e.g., for staffing agencies in Rotterdam) specifies otherwise.
- Zero-hour or min-max contracts, provided they are not for a definite period; otherwise, they do count.
Sector-specific CAOs (e.g., in Rotterdam’s healthcare or education sectors) may apply different terms. Always check your CAO or consult the Rotterdam Legal Helpdesk for personalized advice.
Rights and Obligations Under the Chain Regulation
Rights for Rotterdammers as employees:
- Automatic transition to permanent status after three contracts or 24 months.
- Transition compensation upon the end of a temporary contract, even within the chain (thanks to WWZ).
- Protection against dismissal; employers must comply with the chain rules.
Obligations for Rotterdam employers:
- Provide written contracts with clear terms and conditions.
- Track the chain and maintain transparent communication (e.g., 'this is contract three').
- Avoid circumvention tactics, which may result in fines or claims at the Rotterdam District Court.
Employees should review contracts and object to violations. In case of disputes, you can approach the subdistrict court of the Rotterdam District Court to confirm your permanent status.
Rotterdam Examples of the Chain Regulation
Example 1: Lisa works as a junior planner at a Rotterdam port company. She starts with a six-month contract, followed by two six-month extensions. After 18 months, her fourth contract becomes permanent. The employer could have inserted a seven-day break but prioritized continuity in the busy port.
Example 2: In Rotterdam’s retail sector, a CAO limits contracts to two. Jamal’s first two jobs last nine months each, with a one-month gap. His third contract after 19 months becomes permanent, aligning with the local CAO.
These cases illustrate how the regulation balances flexibility in sectors like Rotterdam’s port, healthcare, and education.
Comparison: Chain Regulation Before and After WWZ
| Aspect | Before WWZ (pre-2015) | After WWZ (2015 onward) |
|---|---|---|
| Number of contracts | Unlimited, but often three | Maximum three |
| Duration of period | 36 months | 24 months |
| Break between contracts | Longer than three months breaks the chain | Longer than six months breaks the chain |
These changes make the regulation stricter, which is especially relevant for Rotterdammers seeking job security. For free advice on your situation, visit the Rotterdam Legal Helpdesk.
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.