Many employees first work with temporary contracts. The chain arrangement determines when a series of temporary contracts automatically turns into a permanent contract. This offers employees more security and obliges employers to make clear choices. In this article we explain how the chain arrangement works, what exceptions exist and what this means for you as an employee or employer.
What does the chain arrangement entail?
The chain arrangement ensures that a fixed-term employment contract is converted into an indefinite-term employment contract over time. This happens in two cases:
-
If the total duration of consecutive temporary contracts is longer than 24 months (two years).
-
If more than three temporary contracts are concluded in succession.
Important: if there is a period of more than six months between the contracts, the chain is broken. The counting then starts again.
Practical example
Suppose an employee receives three contracts of eight months each. Together these are 24 months. As soon as a fourth contract follows, this automatically becomes a contract for an indefinite period.
Successive employership
The chain arrangement also applies to successive employership. This means that when an employee performs virtually the same work at a new employer as he did at the previous employer, the period with the first employer counts.
Example: a temporary worker who first works through a temporary employment agency and is then employed directly by the client. The broadcast period then counts in the chain.
Exceptions to the chain arrangement
There are situations in which the chain arrangement does not apply or in which deviating rules are possible:
-
Long-term contract with short extension
If an employment contract lasts longer than 24 months and is subsequently extended with a contract of a maximum of three months, the chain arrangement does not come into effect. -
Deviations in the collective labor agreement
In a collective labor agreement (collective agreement) it can be agreed that:-
the maximum duration of the chain is extended to 48 months;
-
the maximum number of contracts will be increased to 6.
-
-
Temping industry
For Temporary workers the chain arrangement only applies after they have worked 26 weeks. This period can be extended in the collective labor agreement to a maximum of 78 weeks.
Chain scheme for employees with state pension age
Different rules regarding the chain scheme apply to employees who have reached state pension age. Instead of the standard term, an employer can offer these employees a maximum of six temporary contracts spread over a period of four years. Only when this limit is exceeded will permanent employment automatically arise. This exception makes it more attractive for employers to employ employees entitled to AOW flexibly, while employees have clarity about their legal position.Chain scheme for BBL students and young pupils
The chain arrangement does not apply to everyone. The chain arrangement is excluded for students who work through the vocational learning path (BBL) with a learning-work agreement. Even if you are a student, younger than 18 years old, and work a maximum of twelve hours per week, this scheme does not apply to your part-time job. Your contracts will then not count towards the maximum number of the chain scheme.Why is the chain arrangement important?
This means protection for employees: they can claim a permanent contract after a certain period. It offers clarity for employers and prevents temporary contracts from being continued indefinitely.
Choosing the right time to discuss a permanent contract
Many employees wonder when it is smart to discuss a permanent contract with their employer. Timing is crucial here. Choose a time when your employer is not under high pressure, for example after completing a successful project, during a performance review or if you have recently received positive feedback. These are natural occasions where your commitment and value to the organization receive extra attention. Also, pay attention to the expiration of your current contract. Start the conversation well before the end date, so that both parties have sufficient time to discuss the options. By consciously choosing the right moment, you increase the chance of a constructive and successful conversation.How can you properly prepare for a conversation about getting a permanent contract?
A good start is half the battle, especially if you want to negotiate a permanent contract. Before you start the conversation with your manager, it is worth taking a moment to consider the following points:- Chart your performance: Note recent successes, positive feedback, and goals achieved. This gives your conversation extra weight.
- Know your rights and the rules: A little knowledge about the chain regulation and labor legislation (as regulated in the Civil Code) helps you feel stronger. stand.
- Practice the conversation: Try to formulate clearly in advance what you want to say and what arguments you want to make. You can practice this with someone or even make a short cheat sheet.
- Choose the right moment: A conversation usually runs more smoothly if your manager has time and attention for you. Therefore, schedule a suitable time, for example after a nicely completed assignment or assessment interview.
What tips are there to convince your employer to offer you a permanent contract?
Good preparation is half the battle if you want to convince your employer. Consider the following:- Make it clear in advance what you have achieved within the company. Clearly list your achievements, successes and value to the team.
- Choose a suitable time for the conversation, for example after successfully completing a project or performance review.
- Use positive and open communication: show that you are motivated to commit to the organization for a longer period of time and emphasize your commitment.
- Don't be afraid to give concrete examples – talk about where you made a difference or what extra contribution you made.
Legal advice on the chain arrangement
The chain arrangement seems clear, but in practice this often leads to questions and conflicts. For example, in case of successive employership, or when an employer and employee differ in opinion about the duration of the employment contract.
Our employment law lawyers will help you with:
-
checking whether a contract has been automatically converted into a permanent contract;
-
calculating the correct term and number of contracts;
-
resolving conflicts with employers or employees.
- answering all your questions about employment contracts and employment conditions;
- personal advice about work, income and career;
- support in reviewing your contract before you sign it so you know exactly where you stand;
- advice on financial planning and help with money matters, if necessary;
- tips and information about possible discounts on, for example, insurance, energy or groceries.
Useful conversation techniques for asking for a permanent contract
Would you like to take the step towards a permanent contract? Then it is nice to be well prepared during the conversation with your employer. The following conversation techniques will increase the chance that your request will be clear and convincing:- Prepare your arguments. Gather facts, such as your achievements, positive feedback and points that show you are a valuable asset.
- Be specific and clear. State clearly why you want a permanent contract and what your expectations are. Avoid vague formulations and talk in 'I' messages.
- Remain professional and calm. Make your request in a friendly and respectful manner, even if the conversation feels tense.
- Listen actively. Show understanding for your employer's position. Listen carefully, ask questions and, if necessary, repeat the gist of what is said, so that you understand each other well.
- Show initiative. Ask what you can still work on or what conditions you need to meet to qualify for a permanent contract.
- Keep it businesslike. Focus on the content and the facts, not on emotions.
Conclusion
The chain arrangement determines when temporary contracts automatically transition into a permanent contract. This is possible after two years or after three consecutive contracts. However, there are exceptions and special situations, especially in the case of successive employers or in the temporary employment sector. Are you unsure whether the chain arrangement applies in your situation? Please feel free to contact us for a no-obligation consultation.