If you work through a temporary employment agency, you are subject to the phase system. This system determines what rights you have, how long your contract lasts and how much security you build up. But how exactly does this phase system work? And what does it mean for your employment contract, notice period and dismissal?
In this blog, the employment law lawyers at Arslan Advocaten explain everything you need to know about Phase A, B and C.
What is the phase system?
The phase system is laid down in the ABU and NBBU collective labour agreements for temporary workers. It divides the employment of temporary workers into three phases, each offering increasing rights and security:
Phase A — the flexible phase
Phase B — the interim phase
Phase C — the permanent phase
Phase A: the flexible phase
Phase A lasts a maximum of 78 worked weeks. During this phase:
You work on a temporary agency clause basis. This means the contract ends automatically when the assignment at the client company ends.
The agency is not obliged to offer you a new assignment.
You build up limited rights, such as continued salary during illness (from the first day of illness).
Important: Weeks in which you have not worked do not count. Only weeks in which you actually worked are counted.
End of contract in Phase A
In Phase A, your contract can end at any time by means of the temporary agency clause. No notice period applies. However, the agency must notify you that the contract is ending.
Phase B: the interim phase
After 78 worked weeks, you enter Phase B. This phase lasts a maximum of 4 years. During this phase:
You receive fixed-term contracts instead of a temporary agency clause.
A maximum of 6 fixed-term contracts may be offered in total.
You have more certainty: the contract runs for an agreed period and cannot simply be terminated prematurely.
What happens when Phase B ends?
If the maximum of 4 years or 6 contracts is reached, the temporary employment agency must:
offer you a permanent contract (Phase C), or
terminate the employment relationship.
There must be a break of more than 6 months between two Phase B contracts for the count to be reset.
Phase C: the permanent contract
In Phase C, you receive a permanent employment contract. You have the same rights as other permanent employees:
Protection against dismissal.
Continued salary during illness.
A notice period applies.
You are entitled to a transition payment upon dismissal.
Common problems in the phase system
In practice, we see that temporary workers regularly encounter problems:
Incorrect phase classification: the agency counts the weeks or contracts incorrectly, so you are stuck in Phase A or B for longer than necessary.
Unjust dismissal in Phase B: the employer terminates the contract prematurely without a valid reason.
No offer of a permanent contract: the agency avoids Phase C by using a break of more than 6 months.
Break constructions: some agencies deliberately insert a break to reset the phase count. This is not always permitted.
Examples from practice
A temporary worker had been in Phase A for more than 78 weeks but the agency refused to offer fixed-term contracts. After intervention by our lawyers, the worker received a Phase B contract with back pay.
A cleaner working through an agency was dismissed during Phase B without a valid reason. The subdistrict court ruled that the dismissal was unlawful and awarded compensation.
An administrative worker was kept in Phase A through repeated short breaks. The court ruled that this was a circumvention construction and the worker was placed directly in Phase C.
Checklist for temporary workers
Keep track of the weeks you have actually worked.
Check your pay slip: is the correct phase stated?
Keep all contracts and correspondence from the agency.
Do not simply agree to a break between contracts without legal advice.
Contact an employment lawyer if you suspect your phase has been incorrectly determined.
Frequently asked questions
What happens if I change temporary employment agency?
If you switch to a new agency and the break is shorter than 6 months, in many cases the worked weeks carry over. This means you may enter Phase B more quickly with the new agency.
Can the agency keep me in Phase A by using breaks?
Not always. If breaks are deliberately used to avoid Phase B, this can be regarded as a circumvention construction. A court can then rule that you should have been in a higher phase.
Am I entitled to a transition payment in Phase A?
Generally not, because in Phase A the contract usually ends by operation of the temporary agency clause. From Phase B onwards, you may be entitled to a transition payment.
What if I fall ill in Phase A?
You are entitled to continued salary payment during illness, also in Phase A. However, the obligation to pay wages ends when the assignment ends.
Why Arslan Advocaten?
At Arslan Advocaten, we regularly assist temporary workers who face problems with the phase system. We know the collective labour agreements, we know where things frequently go wrong and we ensure that your rights are protected.
Whether it concerns an incorrect phase classification, unjust dismissal or a refusal to offer a permanent contract — we are there for you.