Chain clause

The chain clause is a rule regarding temporary contracts. In the Netherlands, you are allowed to have several temporary contracts in a row with the same employer, but not too many and not for too long. 

What is the chain clause? 

• You can be given no more than three temporary contracts. 
• The total period covered by these contracts must not be more than three years. 

If your fourth contract is about to start or if you have worked for more than three years, you must be given a permanent contract. If you are not sure whether this applies to you, you can get help for free from Het Juridisch Loket. 

Successive term of employment 

Sometimes you first work for a company through an employment agency and afterwards you work directly for the same company. You then do the same work, but have a different employer. This is called a successive term of employment. In this case, all your temporary contracts count for the chain clause. Some CAOs might contain other arrangements. 

Day-release contracts for work-based pathways 

If you are in vocational education and following a work-based pathway, your day-release contracts do not count for the chain clause. 

Under 18 

If you are under 18 and work less than 12 hours a week, the chain clause does not apply to you. 

Differences in the CAO 

Your CAO might contain rules that are different from the normal chain clause. For example, you might be allowed six temporary contracts instead of three, or be allowed four years of temporary work instead of three. The rules contained in the CAO have priority. 

When is a CAO allowed to differ from the chain clause? 

• Temporary agency work: In the first 52 weeks of work, the chain clause does not apply. After that, you may be given six contracts in four years. 
• Special work: Sometimes work is temporary due to the nature of the business. In that case, you may be given six contracts in four years. 
• Special sectors: These include professional football and education. Different rules apply in these cases. 
• Supply teachers in schools: Supply teachers are not given permanent contracts automatically even if they have had several temporary contracts. 
• Board positions: Different rules may apply for a board position. 
• Training: If you have an apprenticeship contract, the chain clause might not apply. This must be clearly stated in your contract.  
• Recurring work: If you do the same work every year for a brief period, such as seasonal work, the break between contracts might be shorter. In that case, this must be specified in the CAO.