Successive employers and counting work as a temporary agency worker

28 December 2025

Arslan Advocaten

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Successive employers and counting work as a temporary agency worker

Many employees start at a company via a temp agency or secondment agency, and later join the same employer directly. Or they switch employers within a group while continuing to do the same work. In those cases, there may be a successive employer status. That means that employment contracts with different employers still count as if they were entered into with the same employer.

This has major consequences for your protection against dismissal, whether you are entitled to a permanent contract and the way in which contracts may be terminated.

What are successive employers?

There is successive employer status if:

You at a new employer the same work continue to do;
The new employer reasonably as successor of the previous employer can be seen;
It concerns employers that succeed each other within a corporate group, or situations where you first worked through a temp agency and then come into direct employment with the hirer.

This can occur in various situations. Think, for example, of the shuffling employees within a corporate group—you keep doing the same work, but your payslip suddenly comes from a different private limited company. It is also very common that a temporary agency worker after a period through the temporary employment agency, enters into direct employment with the company where he or she was already working. Sometimes you even alternate: first employed by the temporary employment agency, then again directly by the employer, while you essentially keep the same position and duties. In all these cases, the new employer can be regarded as the successor of the previous one, even if there is no formal takeover of the company.In short: if your duties remain the same and the new employer can reasonably be regarded as the successor, your employment often simply 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 undertaking?

In a transfer of undertaking—for example, when a company is taken over by another party—employees automatically transfer to the new employer. Their terms of employment 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 already had a right to a permanent contract just before the takeover, those rights will continue with the new employer. You therefore do not start ‘again’; you build on everything you had 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 company or part of it is taken over by another employer. For example, think of the sale of a supermarket branch, or when a cleaning company takes over the contract at a large office. In such a case, your terms of employment automatically transfer to the new employer, as if you had never “really” changed bosses.This means concretely:

Your years of service at the old employer fully count with the new employer.
Any previous employment contracts continue to count in the chain, as if your employment were uninterrupted.
Because of that, for example, you don’t need to once again “work your way toward” a permanent contract or protection against dismissal.

Therefore, legally speaking, little changes to your rights as an employee. Want to know more about the precise details regarding a transfer of undertaking? We go into that in more depth in the section on your legal position after a takeover.

Why is this important?

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

You build up rights faster, such as a permanent contract.
A temporary contract cannot simply end by operation of law; sometimes notice or dissolution is required.
Also a previous permanent contract can carry over to a new employer.

What dismissal routes and grounds for termination are there?

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

By operation of law: The contract ends automatically, for example upon reaching the end date or upon reaching the statutory retirement age.
Mutual consent: Employer and employee agree by mutual consent 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 permission from the UWV, for example in case of business-economic reasons or long-term incapacity for work.
Termination by the cantonal judge: In other cases, such as a disrupted employment relationship or culpable conduct, the court may decide to terminate the employment contract.
Resignation by the employee: The employee can, of course, also resign, usually observing the notice period.
Dismissal during the probationary period or summary dismissal: For serious reasons, an employment contract can be terminated with immediate effect, for example in cases of fraud or theft.
Other grounds: Sometimes the employment relationship ends due to circumstances such as death or because of a resolutive condition in the contract.

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

Consequences in the event of long-term illness, bankruptcy, or death

What actually happens to your employment contract if you are on long-term sick leave, the company goes bankrupt, or you pass away? These are situations in which the employment relationship does not end ‘normally’, and each brings its own rules and consequences:

Long-term illness: If you have been ill for more than two years, the employer may terminate the contract in many cases. Often, permission from the UWV is required. During this period, the accrual of years of service continues to count, which may affect any potential transition payment.
Employer’s bankruptcy: If your employer goes bankrupt, the employment contract usually ends after the trustee has given notice of dismissal. Salary payment stops, but in many cases the UWV takes over the payment of the outstanding salary and vacation pay.
Death of the employee: In the event of the employee’s death, the employment contract automatically ends. Next of kin are usually entitled to a one-time death benefit equal to one month’s salary.

These consequences are important to know, especially if you are dealing with one of these major situations. It may also be advisable 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 a break of more than 6 months between the employment contracts. Then the count starts again, as if you are receiving a first contract.

Preventing abuse of successive contracts

To prevent employers from circumventing the chain rule, employment contracts with previous employers are sometimes simply counted as well. This happens when, for example, the same duties continue to exist, even if the company’s name changes or a new employer takes over the staff. In such cases, it does not matter whether those earlier contracts were for a fixed or indefinite term—they all count toward the chain.

Practical examples

Example 1: A temporary agency worker works for two years at a company and is then hired directly. The period as temporary agency worker counts. As a result, he immediately receives a permanent contract.
Example 2: An employee first works at employer A, then via a temp agency again for employer A, and then again directly at A. Because he is in fact continuing to do the same work, he can demand a permanent contract.
Example 3: An employee was on a permanent contract with a secondment agency and was seconded to a company. Afterward, he entered into employment with that company directly within 6 months. The earlier contract for an indefinite period at the secondment agency counts. As a result, a fixed-term contract with the new employer cannot simply end.

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

📑 Are you doing the same work for the new employer as for the previous one?
⏳ Is the break shorter than 6 months?
🔒 Did you have a permanent contract with your previous employer? If so, that can carry over.
⚖️ How did the previous contract end: by mutual consent or by termination/dissolution?

This is important, because if your contract for an indefinite period with your previous employer was terminated by mutual consent (that is, by mutual agreement), then it may be that your temporary contract with the new employer does not automatically end on the agreed end date. In such a case, termination or dissolution is required to end the contract.Note: this rule does not apply if your previous permanent contract was terminated by termination by the employer (with permission from the UWV) or by dissolution by the subdistrict court. Then the temporary contract with the new employer will indeed end by operation of law.

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

Common mistakes

Thinking that a new contract is always separate from previous employment relationships.
Not realizing that work as a temporary agency worker counts toward protection against dismissal.
Assuming that a fixed-term contract always ends automatically, while sometimes notice is required.
Uncertainty about how the previous contract was terminated.

Frequently asked questions (FAQ)

1. Does my work as temporary agency worker count if I later become employed by the hirer?
Yes, often. The temporary agency period counts if there is successive employership.

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

3. Do I get a permanent contract sooner due to successive employership?
Yes, because earlier contracts count towards the chain rule.

4. Does my employer have to give notice with a fixed-term contract?
Yes, if your earlier employment contracts continue to apply and you therefore have greater protection against dismissal.

5. Does this also apply to secondment agencies?
Yes, secondment also counts when it is the same work for the same hirer.

Why Arslan Advocaten?

Specialized in employment law and dismissal protection
Experience with disputes about successive employer status and temporary agency work
Help with enforcing a permanent contract
Assistance with procedures and negotiations with employers

Conclusion

Successive employment ensures that your previous contracts count, even if you worked through a temp agency or secondment agency. This strengthens your position as an employee and may mean that you are entitled to a permanent contract or greater protection against dismissal sooner. Always seek legal advice if you are in doubt, so that you know for sure what you are entitled to.