Chain Rule Interruption in Delft: When Does a New Chain Start?
For residents of Delft, who often hold temporary jobs at TU Delft, the Municipality of Delft, and local tech companies, the chain rule interruption is crucial under employment law. Article 7:668a of the Dutch Civil Code (BW) provides that an interruption of more than six months resets the count for a maximum of three temporary contracts within two years or 36 months. This prevents prolonged uncertainty and protects against employer abuse in the region.
Legal Rules on Chain Rule Interruption Around Delft
The chain rule is set out in Article 7:668a BW. A chain of successive temporary employment contracts becomes permanent if there are three or more contracts within 24 months, or the total duration exceeds 36 months.
- Three+ temporary contracts within two years; or
- Total duration of three years.
Paragraph 6 is key for chain rule interruption: "Unless the interruptions exceed six months, prior service counts." So: >6 months break = fresh start. Shorter gaps carry over. The Supreme Court (ECLI:NL:HR:2015:330) clarifies that it concerns the employment relationship, including illness, maternity leave, or unemployment benefits without pay.
Chain Rule Interruption in Delft Practice
In disputes in Delft, the district court judge at the District Court of The Hague assesses the actual period between contracts. Exactly six months +1 day resets everything. Tricks to avoid it? That breaches the duty of good employership and may invalidate contracts.
What Qualifies as an Interruption in Delft?
- No Employment Contract: Pure break without a contract.
- Effective Duration: Only actual working weeks count.
- Exception: Permanent contract stops the chain immediately.
Note: collective agreements may deviate if more favorable to employees (Article 7:668a(8) BW), as in sectors around Delft.
Examples of Chain Rule Interruption for Delft Residents
Example 1: Reset After Long Break
A TU Delft employee works 1 Jan 2022 to 31 Dec 2022 (12 months), 1 Jan 2023 to 30 Jun 2023 (6 months), and 1 Jul 2023 to 31 Dec 2023 (6 months). No gap between 2 and 3: permanent after third. But with a 7-month break until 1 Aug 2024? New chain!
Example 2: Short Gap Carries Over
Two contracts with 5 months in between at the Municipality of Delft: chain continues toward permanent after 24 months.
Example 3: Illness Counts
Illness or unemployment benefits during break? Counts as interruption without continued pay.
Rights and Obligations Under the Chain Rule in Delft
Employee Rights:
- Claim permanent contract on uninterrupted chain.
- Dispute? Go to district court judge at District Court of The Hague or free advice at Juridisch Loket Delft.
- >6 months break = reset.
Employer Obligations:
- Clear contract dates.
- No manipulation (Article 7:611 BW).
- Inform about chain.
Serve a summons on the employer for a permanent contract or transition compensation via Juridisch Loket Delft.
Comparison of Interruptions in Delft Context
| Situation | Interruption | Effect | Delft Example |
|---|---|---|---|
| Multiple contracts | <6 months | Chain continues | 3-month break TU Delft: counts |
| Multiple contracts | >6 months | Reset | 7 months: new start |
| Illness/Unemployment benefits | >6 months | Reset without pay | |
| CLA | N/A | CLA rule | More favorable to employee |
FAQ: Chain Rule Interruption in Delft
When does interruption run in Delft?
From actual end date of previous contract to start of new one. No fiction.
On-call contracts in chain?
Yes, if ≥2 months or regular work (Article 7:668a(1)).
Employer manipulation?
No, district court at District Court of The Hague can declare permanent.
Agency workers in Delft?
Yes, except ABU/NBBU CLA phases; permanent after phase 3.
Tips for Delft Residents on Chain Rule
- Keep a Logbook: Note dates, gaps, and totals.
- Seek Advice: At Juridisch Loket Delft (free).
- Check CLA: Often better for you.
- Act on Exceedance: Go to District Court of The Hague.