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Chain Rule and Chain Provision in Leiden: Rules and Exceptions

The chain rule determines how many temporary contracts an employer in Leiden may offer before a permanent contract is mandatory. Read more about the rules, exceptions via CAO and seasonal work.

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Chain Rule and Chain Provision in Leiden

The chain rule regulates the number of temporary employment agreements that an employer may offer before a permanent contract becomes mandatory.

Main Rule

An employee may receive a maximum of 3 temporary contracts within a period of 3 years. If this is exceeded, the contract automatically converts into a permanent employment agreement.

How Is This Counted?

  • A 4th temporary contract automatically results in a permanent contract.
  • If the total duration of the contracts exceeds 3 years, a permanent contract arises.
  • An interruption of more than 6 months breaks the chain.

Practical Example

Contract 1: 1 year → Contract 2: 1 year → Contract 3: 1 year → A new contract immediately results in a permanent agreement (exceeding 3 years).

Exceptions via CAO

In a Collective Labour Agreement (CAO), different rules may apply:

  • Maximum of 6 temporary contracts.
  • A period of maximum 4 years.
  • This applies only to specific functions with valid justification.

Seasonal Work

For seasonal work, the interruption period of 6 months may be reduced to 3 months.

Prohibition on Revolving Door Constructions

Intentionally interrupting the chain to circumvent the rules, also known as a revolving door construction, is not permitted.

Statutory basis: Article 7:668a DCC

Frequently Asked Questions about Labour Law in Leiden

When am I entitled to a permanent contract?

You are entitled to a permanent contract after 3 temporary contracts within 3 years or if the total contract duration exceeds 3 years. An interruption of more than 6 months (or 3 months for seasonal work) restarts the count.

Can my employer circumvent the chain rule?

No, intentionally interrupting contracts to prevent a permanent employment relationship is not permitted. This can be challenged legally in court, such as at the District Court of The Hague, Leiden location.

Do other rules apply in my CAO?

Yes, a CAO may deviate, for example with a maximum of 6 contracts in 4 years, provided it is recorded in writing and justified. Check your CAO or contact Juridisch Loket Leiden (Stationsweg 46).

What about seasonal work and the chain rule?

For seasonal work, the interruption period may be shortened to 3 months. An interruption longer than this breaks the chain and the count starts anew.

What if my employer does not provide a permanent contract after 3 contracts?

You can take legal steps. Send a written request to your employer referring to Article 7:668a DCC. If there is no response, you can seek help from Juridisch Loket Leiden or file a case with the cantonal judge.