Many employees start via a temp agency or a secondment agency at a company, and later become directly employed by the same employer. Or they change employers within a concern, while they continue to do the same job. In these cases, there can be a case of subsequent employer. This means that employment contracts with different employers still count as if they were closed with the same employer.

This has major implications for your dismissal protection, the question of whether you have a right to a permanent contract and the way contracts can be terminated.

What are subsequent employers?

There is a case of subsequent employment if:

• You are performing the same tasks at a new employer;

• The new employer can reasonably be seen as a successor to the previous employer;

• It involves employers who follow each other within a concern, or situations where you first worked through a temp agency and then come directly employed by the hirer.

Why is this important?

Because employment contracts at subsequent employers count, the following consequences apply:

• You build up rights faster, such as a permanent contract.

• A temporary contract cannot just end by operation of law; sometimes termination or dissolution is required.

• Even a previous permanent contract can carry over with a new employer.

Exception: the six-month term

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 getting a first contract.

Examples from practice

• Example 1: A temp worker works two years at a company and then becomes directly employed. The period as a temp worker counts. Therefore, he gets a permanent contract immediately.

• Example 2: An employee first works at employer A, then through a temp agency again for employer A and then again directly at A. Because he is essentially always doing the same work, he can enforce a permanent contract.

• Example 3: An employee was permanently employed at a secondment agency and was hired by a company. Afterwards, he became directly employed by that company within 6 months. The previous permanent contract with the secondment agency counts. Therefore, a temporary contract with the new employer cannot just end.

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

• 📑 Are you doing the same work at the new employer as at the previous one?

• ⏳ Is the break shorter than 6 months?

• 🔒 Did you have a permanent contract at the previous employer? Then that can carry over.

• ⚖️ How did the previous contract end: by mutual agreement or by termination/dissolution?

• 📝 Have your situation checked by a labor law attorney if in doubt.

Common mistakes

• Thinking a new contract always stands alone from previous employments.

• Not realizing that work as a temp worker counts for dismissal protection.

• Assuming a temporary contract always ends automatically, while sometimes termination is required.

• Uncertainty about the way the previous contract was terminated.

Frequently asked questions (FAQ)

1. Does my work as a temp worker count if I later go to work with the hirer?
Yes, often. The temp period counts if there is a case of subsequent employer.

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

3. Do I get a permanent contract faster due to subsequent employer?
Yes, because previous contracts count in the chain regulation.

4. Should my employer terminate at a temporary contract?
Yes, if your previous employment contracts carry over and thus you have more dismissal protection.

5. Is this also relevant for secondment agencies?
Yes, secondment also counts if it concerns the same work at the same hirer.

Why Arslan Lawyers?

• Specialized in labor law and dismissal protection

• Experience with disputes over subsequent employment and temp work

• Helping to enforce a permanent contract

• Guide through procedures and negotiations with employers

Conclusion

Subsequent employment ensures that your previous contracts count, even if you have worked through a temp agency or secondment agency. This strengthens your position as an employee and can mean that you have a right to a permanent contract or more dismissal protection faster. Always have legal advice when in doubt, so you know for sure what you are entitled to.