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

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

What are successive employers?

There is a case of successive employers 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 group, or situations in which you first worked via a temp agency and then are employed directly by the hirer.

Why is this important?

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

• You accrue rights faster, such as a permanent contract.

• A fixed-term contract cannot simply end by operation of law; sometimes termination or dissolution is required.

• Also a previous permanent contract can carry over to a new employer.

Exception: the six-month period

The chain of contracts is broken if there is a interruption of more than 6 months is between the employment contracts. Then the count starts over, as if you are getting a first contract.

Examples from practice

• Example 1: A temp worker works for two years at a company and is then hired directly. The period as temp worker counts. As a result, he immediately gets a permanent contract.

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

• Example 3: An employee was permanently employed by a secondment agency and was seconded to a company. After the assignment ended, he joined that company directly within 6 months. The earlier permanent contract with the secondment agency counts. As a result, a temporary contract with the new employer cannot simply end.

Checklist: what should you watch out for 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? That can carry over.

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

• 📝 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 a temporary agency worker counts toward dismissal protection.

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

• Uncertainty about how the previous contract ended.

Frequently Asked Questions (FAQ)

1. Does my work as a temporary agency worker count if I later become employed by the hirer?
Yes, often. The temporary agency period counts if successive employer status applies.

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

3. Will I get a permanent contract sooner due to successive employer status?
Yes, because previous contracts count toward the chain rule.

4. Does my employer have to give notice with a temporary contract?
Yes, if your previous employment contracts carry over and you therefore have more protection against dismissal.

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

Why Arslan Advocaten?

• Specialized in employment law and dismissal protection

• Experience with disputes over successive employers and temporary agency work

• Helping to secure a permanent contract

• Assisting with proceedings and negotiations with employers

Conclusion

Successive employment means 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 become entitled to a permanent contract sooner or have greater protection against dismissal. Always seek legal advice if you are in doubt, so you know for sure what you are entitled to.