The Chain of Fixed-Term Contracts in Delft
In Delft, with its thriving academic and tech ecosystem centered around TU Delft, the chain rule is a cornerstone of Dutch labor law. This regulation prevents employers from indefinitely retaining employees in temporary roles—common in research projects or startups—while safeguarding Delft residents against job insecurity and promoting more stable employment. This article explains how the rule works, the legal framework, and local tips for employers and employees in Delft.
What Does the Chain Rule Mean for Delft Residents?
The chain rule, codified in the Dutch Civil Code (BW), limits the number of consecutive fixed-term contracts before an employer must offer a permanent position. This is particularly relevant in Delft, where many young professionals begin their careers in flexible roles at universities or innovative companies. The goal: to prevent indefinite temporary employment and encourage permanent contracts. The fixed-term contract chain describes this sequence of contracts, where breaks can reset the chain.
Under standard rules, an employer may issue up to three fixed-term contracts within 24 months. Exceeding this triggers an automatic permanent contract. Collective labor agreements (CAOs), such as those in Delft’s technical sector, may allow more flexibility—but always in the employee’s favor. At TU Delft or local tech firms, this rule often applies to project-based work.
Legal Framework in the Region
The fixed-term contract chain falls under Article 7:668a BW, which permits a maximum of three contracts within 24 months. A six-month break resets the chain; in seasonal work (e.g., Delft’s hospitality or events around the city center), a nine-month pause may apply. Since the Wet Werk en Zekerheid (WWZ) of 2015, the period was shortened from 36 to 24 months to curb excessive temporary employment.
Employers must disclose the end date and chain status in writing for fixed-term contracts (Article 7:655 BW). Failure to do so risks an automatic permanent contract or compensation. In Delft, where CAOs for temporary staffing (e.g., ABU) may allow chains up to four years, always verify sector-specific rules. For guidance, the Juridisch Loket Delft helps interpret your CAO.
Practical Examples in Delft
Consider a junior researcher at TU Delft: starting with a six-month contract, followed by nine and twelve months—all within two years without a six-month break. The fourth contract must be permanent. In Delft’s retail or hospitality sectors, during events like the Delftse Feesten, employers hire temporary staff. Short breaks (e.g., a week) count toward the chain; only six months will reset it.
Or an IT specialist at a local startup: three projects within two years? Automatically permanent. Employers in Delft must plan carefully to avoid disputes at the Rechtbank Den Haag. The Municipality of Delft offers labor market insights via werkplein-info.
Comparison: Standard vs. Deviating Chain Rules
| Aspect | Standard Chain (BW) | Deviation via CAO |
|---|---|---|
| Number of contracts | Maximum 3 | May be higher, e.g., 4 (tech/temporary staffing in Delft) |
| Duration of period | 24 months | May be longer, e.g., 4 years |
| Break requirement | 6 months | May be shorter for seasonal hospitality work |
| Consequence of exceeding | Permanent contract | Permanent contract, unless CAO states otherwise |
Rights and Obligations in a Delft Context
Employee rights:
- Automatic permanent position after exceeding the chain.
- Protection against arbitrary dismissal; contracts must end in writing.
- Right to demand a permanent contract via Rechtbank Den Haag in case of violation; Juridisch Loket Delft offers free initial assistance.
Employer obligations:
- Disclose chain status and end date in writing.
- Avoid manipulating the chain with short breaks.
- Provide transition compensation for contracts longer than six months (Article 7:673 BW).
Employees must fulfill their contractual obligations, but the focus remains on their protection—especially in Delft’s dynamic labor market.
Frequently Asked Questions About Fixed-Term Contract Chains in Delft
What if the chain is regulated differently in a CAO?
A CAO may deviate from Article 7:668a BW, but only in ways favorable or neutral to the employee. In Delft’s education or tech sectors, check your CAO via Juridisch Loket Delft. If no CAO applies, standard rules govern.