Wat zijn mijn rechten bij ontslag?

Bij ontslag heeft u mogelijk recht op een transitievergoeding, een correcte opzegtermijn en in sommige gevallen een billijke vergoeding. Teken nooit zomaar een vaststellingsovereenkomst zonder juridisch advies.

Kan mijn werkgever mij zomaar ontslaan?

Nee, uw werkgever moet een geldige reden hebben en de juiste procedure volgen. Bij een vast contract is toestemming van het UWV of de kantonrechter vereist, tenzij u instemt met een vaststellingsovereenkomst.

Successive Employers & Temp Work Periods

Many employees start at a company through an employment agency or secondment agency, and later become directly employed by the same employer. Or they change employers within a group, while continuing to do the same work. In those cases there may be a successive employership. This means that employment contracts with different employers still count as if they were concluded with the same employer.

This has major consequences for your dismissal protection, the question of whether you are entitled to a contract for an indefinite period and the way in which contracts may be terminated.

What are successor employers?

There is successive employership if:

You continue to do the same work with a new employer;
The new employer can reasonably be seen as a successor of the previous employer;
This concerns employers who succeed each other within a group, or situations in which you first worked through a temporary employment agency and then were employed directly by the hirer.

This can occur in various situations. For example, consider shifting employees within a group—you continue to do the same work, but your pay slip suddenly comes from a differentBV. It is also common for a temporary worker to be employed directly by the company where he or she already worked. Sometimes you even alternate: first employed by the employment agency, then again directly by the employer, while you actually keep the same position and tasks. In all these cases, the new employer can be seen as the successor to the previous one, even if no formal takeover of the company takes place. In short: if your duties remain the same and the new employer can reasonably be regarded as a successor, your employment often continues as if you had worked for one and the same employer.

What happens to the legal position in the event of a transfer of business?

In the event of a transfer of undertaking, for example when a company is taken over by another party, employees are automatically transferred to the new employer. Their employment conditions do not change: your years of service, accrued rights and previous contracts continue to count as if you had always been employed by the new employer. This means, for example, that if you were already entitled to an indefinite-term contract just before the takeover, these rights will continue with the new employer. So you don't start 'over', but you build on everything you have already built up at the previous organization.

When does a transfer of undertaking occur and what does this mean for your employment?

A transfer of undertaking occurs when a business or part thereof is taken over by another employer. Consider, for example, the sale of a supermarket branch, or when a cleaning company takes over the contract at a large office. In such a case, your employment conditions will automatically transfer to the new employer, as if you had never "really" changed bosses. This specifically means:

Your years of service with the old employer count fully for the new employer.
Any previous employment contracts continue in the chain, as if your employment was continuous.
For example, you do not have to “get ahead” of a permanent contract or dismissal protection again.

Legally speaking, this means little will change in your rights as an employee. Would you like to know more about the precise details surrounding the transfer of a business? We will discuss this in more detail in the section on legal position after takeover.

Why is this important?

Because employment contracts with successive employers count, the following consequences apply:

You build up rights more quickly, such as a contract for an indefinite period.
A temporary contract cannot simply end by operation of law; sometimes cancellation or dissolution is necessary.
A previous permanent contract can also continue with a new employer.

Which dismissal routes and grounds for termination are there?

The law recognizes various ways in which an employment contract can end. Depending on the situation, several routes are possible:

By operation of law: The contract expires automatically, for example upon reaching the end date or upon reaching retirement age.
Mutual consent: Employer and employee mutually agree to part ways. This is often recorded in a settlement agreement.
Termination by the employer: This is only possible with a valid reason and usually with the permission of the UWV, for example at business reasons or long-term disability.
Dissolution by the subdistrict court: In other cases, such as a disturbed employment relationship or culpable conduct, the judge may decide to terminate the employment contract.
Termination by the employee: The employee can of course also terminate himself, often taking into account the notice period.
Dismissal during a probationary period or summarily: An employment contract can be terminated immediately for serious reasons, for example in the event of fraud or theft.
Other grounds: Sometimes the employment relationship ends due to circumstances such as death or due to a resolutory condition in the contract.

Specific rules and procedures apply to each route, depending on the nature of the contract, the reason for termination, and the agreements between both parties.

Consequences in case of long-term illness, bankruptcy or death

What actually happens to your employment contract if you become ill for a long time, the company goes bankrupt or if you die? These are situations where the employment does not end 'normally', and they each have their own rules and consequences:

Long-term illness: If you have been ill for more than two years, the employer may in many cases terminate the contract. This often requires permission from the UWV. During this period, the accrued years of service continue to count, which may have consequences for any transition compensation.
Bankruptcy of the employer: If your employer goes bankrupt, the employment relationship usually ends after the trustee has given notice of dismissal. Continued payment of wages will stop, but in many cases the UWV will take over the payment of the overdue salary and holiday pay.
Death of the employee: In the event of the death of the employee, the employment contract automatically ends. Surviving relatives are usually entitled to a one-off death benefit, which is equivalent to one month's salary.

These consequences are important to know, especially if you are faced with one of these drastic situations. It may also be useful to seek legal advice if there is uncertainty about rights and obligations.

Exception: the six-month period

The chain of contracts is broken if there is an interruption of more than 6 months between the employment contracts. Then the counting starts again, as if you were receiving a first contract.

Preventing abuse with successive contracts

To prevent employers from circumventing the chain arrangement, employment contracts are sometimes simply counted at previous employers. This happens when, for example, the same activities continue, even if the name of the company changes or a new employer takes over the staff. It does not matter whether these previous contracts were concluded for a fixed or indefinite period—they all count towards the chain.

Practical examples

Example 1: A temporary worker works for a company for two years and is then employed directly. The period if uitzendkracht counts. As a result, he immediately receives a contract for an indefinite period.
Example 2: An employee first works for employer A, then again for employer A through a temporary employment agency and then again directly for A. Because he in fact continues to do the same work, he can enforce a contract for an indefinite period.
Example 3: An employee was permanently employed by a secondment agency and was hired by a company. Afterwards, he joined that company directly within 6 months. The previous contract for an indefinite period with the secondment agency counts. As a result, a temporary contract with the new employer cannot simply end.

Checklist: what should you pay attention to with subsequent employers?

📑 Are you doing the same work with the new employer as with the previous one?
⏳ Is the interruption shorter than 6 months?
🔒 Did you have a permanent contract with the previous employer? Then that can have an impact.
⚖️ How did the previous contract end: by mutual consent or by cancellation/dissolution?

This is important, because if your contract for indefinite period has been terminated with your previous employer by mutual consent (i.e. in consultation), then your temporary contract with the new employer may not automatically expire on the agreed end date. In such a case, notice or termination is necessary to terminate the contract. Please note: this rule does not apply if your previous contract for an indefinite period has been terminated bycancellation by the employer (with the permission of theUWV) or bydissolution by the subdistrict court. The temporary contract with the new employer will then end by operation of law.

📝 If in doubt, have your situation checked by an employment lawyer.

Common mistakes

Thinking that a new contract is always separate from previous employment.
Not realizing that work as uitzendkracht counts for dismissal protection.
Assume that a temporary contract always ends automatically, while sometimes termination is necessary.
Uncertainty about how the previous contract was terminated.

Frequently asked questions (FAQ)

1. Does my work count as temporary worker if I later start working for the hirer?
Yes, often. The temporary employment period counts if there is successive employership.

2. What if there was more than 6 months in between?
Then the counting starts again and your new contract counts as a first employment contract.

3. Will I get a permanent contract faster through successive employment?
Yes, because previous contracts count towards the chain scheme.

4. Does my employer have to terminate a temporary contract?
Yes, if your previous employment contracts continue and you therefore have more dismissal protection.

5. Does this also apply to secondment agencies?
Yes, secondment also counts if it concerns the same work with the same hirer.

Why Arslan Lawyers?

Specialized in employment law and dismissal protection
Experience with disputes about successive employership and temporary employment
Help enforce a contract for an indefinite period
Providing guidance in procedures and negotiations with employers

Conclusion

Subsequent employership ensures that your previous contracts count, even if you worked through an employment agency or secondment agency. This strengthens your position as an employee and may mean that you are more likely to be entitled to a permanent contract or more dismissal protection. Always seek legal advice if you have any doubts, so that you know for sure what you are entitled to.

Successive Employers and Counting Work Periods as a Temp Worker