Chain Rule Interruption for Rotterdam Employees: When Does the Counter Reset?
The chain rule interruption under employment law is essential for flex workers in Rotterdam, such as those in the port or logistics. Article 7:668a of the Dutch Civil Code (DCC) provides that an interruption of more than six months between temporary contracts resets the counter: a maximum of three contracts in two years or 36 months starts anew. This prevents prolonged uncertainty and protects against abuse by employers in the region.
Legal Basis of Chain Rule Interruption in Rotterdam
Article 7:668a DCC governs the chain rule. A series of temporary agreements becomes permanent if there are three or more within 24 months, or the duration exceeds 36 months. Paragraph 6 is key for chain rule interruption: "...unless the interruptions are longer than six months." Thus: >6 months resets; shorter counts toward the chain. The Supreme Court (ECLI:NL:HR:2015:330) emphasizes that it concerns the employment relationship, including illness or unemployment benefits without pay.
Chain Rule Interruption in Rotterdam Practice
The district court judge of the District Court of Rotterdam examines the actual interruption between contracts. Exactly six months and one day resets the chain. Artificial pauses to circumvent the chain are invalid and breach good employer practice.
What Qualifies as an Interruption in Rotterdam?
- No Employment Contract: Full period without a contract, e.g., after a port project.
- Effective Duration: Only the actual running time counts.
- Exception: A permanent contract breaks the chain.
Deviations under collective labour agreements (CLAs) apply if more favourable (art. 7:668a(8) DCC), common in Rotterdam sectors.
Examples of Chain Rule Interruption for Rotterdam
Example 1: Reset After Long Break
Employee in Rotterdam port: 1-1-2022 to 31-12-2022 (12 months), 1-1-2023 to 30-6-2023 (6 months), 1-7-2023 to 31-12-2023 (6 months). Three in 24 months: permanent after third. But 7-month break until 1-8-2024 resets for new work.
Example 2: Short Break Continues Chain
Two contracts with 5 months in between: chain continues toward permanent after two years.
Example 3: Illness or Unemployment Benefits During Interruption
Illness during break counts as interruption without continued pay, relevant for Rotterdam flex workers.
Rights and Obligations Regarding Chain Rule Interruption
Employee Rights in Rotterdam:
- Claim permanent contract if chain unbroken.
- Dispute at district court judge District Court of Rotterdam.
- Reset after >6 months interruption.
Employer Obligations:
- Clear contract dates.
- No abuse (art. 7:611 DCC).
- Inform about chain rule.
Employer pays for permanent contract or transition payment. Consult Legal Aid Office Rotterdam for free advice.
Comparison of Interruptions: Shorter vs. Longer Than Six Months
| Situation | Interruption | Effect on Chain | Rotterdam Example |
|---|---|---|---|
| Multiple contracts | < 6 months | Chain continues | 3-month break: counts in 24/36 months |
| Multiple contracts | > 6 months | Chain resets | 7 months: new chain port job |
| Illness/Unemployment | > 6 months | Resets without pay | Unemployment counts |
| CLA | N/A | CLA-dependent | More favourable for employee |
FAQ Chain Rule Interruption Rotterdam
When does interruption run?
From end of previous contract to start of new; actual dates count.
Zero-hours contract in chain?
Yes, since 2020 if ≥2 months or regular work (art. 7:668a(1) DCC).
Employer manipulation?
No, district court District Court of Rotterdam can declare permanent.
Temp workers Rotterdam?
Yes, except ABU/NBBU CLA phase system; phase 3 = permanent.
Tips for Rotterdam Employees
- Keep a Logbook: Record dates, interruptions, and totals.
- Check CLA via Municipality of Rotterdam or sector.
- Call Legal Aid Office Rotterdam (010-7600900) if in doubt.
- Consult union for port or logistics work.