Chain Regulation in Employment Contracts for Delft Professionals
The chain regulation is a cornerstone of Dutch employment law, determining under what conditions successive temporary positions in Delft transition into a permanent contract. This rule helps residents—often employed by local universities or tech companies—escape prolonged uncertainty caused by flexible contracts. This article explores how the chain regulation works, its legal foundation, and the associated rights and obligations, with a focus on Delft’s specific context.
What Does the Chain Regulation Mean for Delft?
In Delft, where many young professionals begin with temporary roles at TU Delft or startups, the chain regulation—also called 'successive contracts'—ensures that a series of fixed-term agreements (such as zero-hour or definite-term contracts) can result in an open-ended employment relationship. It prevents employers in the region from indefinitely relying on temporary staff, undermining income stability and career security. Without this protection, Delft residents in sectors like education and research would remain vulnerable to unstable working conditions.
In practice, multiple temporary contracts with the same employer in Delft automatically convert into a permanent position after a set number or duration. This applies to fixed-term contracts but generally excludes internships at TU Delft or temporary agency work, unless a collective labor agreement (CAO) specifies otherwise.
Legal Basis of the Chain Regulation
The chain regulation is codified in Article 7:668a of the Dutch Civil Code (BW). Employers in Delft may offer a maximum of three temporary contracts within 24 months. A fourth contract or exceeding this period automatically converts the role into a permanent position. The Wet Werk en Zekerheid (WWZ, Employment and Security Act) of 2015 tightened these rules to encourage permanent employment; previously, the limit was 36 months and more contracts.
Gaps between contracts must not exceed six months, otherwise a new chain begins. In Delft’s dynamic labor market, this is particularly relevant for seasonal work in hospitality around the city center. A CAO may introduce more favorable terms, such as shorter deadlines, but only to the employee’s benefit. Without a CAO, the law applies; always check your sector’s CAO, such as those in education.
Application of the Chain Regulation in Delft’s Practice
For example, if you start in Delft with a six-month contract at a local engineering firm, followed by a nine-month extension and a third contract of 12 months (totaling 27 months), the fourth contract becomes permanent—unless a break of more than six months interrupts the chain, such as during a sabbatical.
With pauses of three months, contracts still count as part of the same chain. Employers in Delft must carefully track these to avoid unintended permanent appointments, especially in high-growth sectors like high-tech.
Exceptions in Delft’s Context
Not all temporary contracts in Delft fall under the regulation. Exceptions include:
- Contracts for replacement during illness or maternity/paternity leave, common in academic circles.
- Seasonal or peak positions, such as in Delft’s hospitality or municipal events.
- Temporary agency work, unless the CAO (e.g., in healthcare) states otherwise.
- Zero-hour contracts only count if they are for a fixed term.
Sector-specific CAOs, such as those for TU Delft, may deviate. Always verify your CAO via the Juridisch Loket Delft (Delft Legal Desk).
Rights and Obligations Under the Chain Regulation in Delft
Employee Rights in Delft:
- Automatic transition to permanent employment 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.
Employer Obligations in Delft:
- Provide written contracts with clear terms and durations.
- Track the chain and maintain transparent communication, such as stating, 'This is contract three.'
- Avoid circumvention tactics, which may lead to liability under the Rechtbank Den Haag (District Court of The Hague).
Employees should review contracts and object to violations. In case of disputes, seek advice from the Juridisch Loket Delft or file a declaratory action with the Kantonrechter Den Haag (Subdistrict Court of The Hague).
Delft Case Studies of the Chain Regulation
Example 1: Sophie begins as a researcher at TU Delft with a six-month contract, followed by two six-month extensions. After 18 months, the fourth contract becomes permanent. The employer could have inserted a five-month break but prioritized continuity.
Example 2: In Delft’s retail sector, where the CAO limits contracts to two, Jamal works nine months, takes a one-month break, and returns for another nine months. The third contract (after 19 months) becomes permanent under the CAO.
These cases illustrate the balance between flexibility and security in Delft’s education and retail sectors.
Comparison: Chain Regulation Before and After WWZ
| Aspect | Before WWZ (pre-2015) | After WWZ (2015 onward) |
|---|---|---|
| Number of contracts | Maximum three, but more flexible | Strict maximum of three |
| Duration period | 36 months | 24 months |
| Break between contracts | Longer than six months breaks the chain | Same, but stricter enforcement |
| Purpose | Employer flexibility | Greater job security for employees |
In Delft, the WWZ has led to more permanent positions at local institutions.
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.