In the Netherlands, many employees work based on a temporary employment contract, also known as a contract for a certain period. This type of contract can be convenient for both employers and employees, but also comes with specific rules and pitfalls.

At Arslan Lawyers we regularly advise and litigate on temporary employment contracts, termination of contracts and disputes about employment conditions.

What is a temporary employment contract?

A temporary employment contract is a contract that is made for a predetermined period. For example: six months, one year or until a certain date.

At the end, the contract ends by operation of law, unless it is extended or converted into a permanent contract.

Key rules for temporary contracts

1. Number of extensions (chain rule)

• An employer may only enter into a maximum of three temporary contracts within a period of three years.

• The fourth contract or the contract that exceeds the three-year term automatically becomes a permanent contract.

2. Interval

• If there is more than 6 months between two temporary contracts, the chain starts over.

3. Notification duty

• In the case of a temporary contract of 6 months or longer, the employer must inform in writing whether the contract will or will not be extended at least one month before the end date.

• If the employer fails to do this, the employee can claim for a notification fee.

4. Termination in the meantime

• A temporary contract ends automatically in principle.

• Termination in the meantime can only if this is agreed in writing in the contract.

Examples from practice

• Example 1: An employee had three temporary contracts each of one year. The fourth contract automatically became a permanent contract, even though the employer did not want that.

• Example 2: An employer forgot to notify an employee on time that his contract will not be extended. The employee was entitled to a notification fee of one month’s salary.

• Example 3: An employee got a contract of one year without interim termination clause. When the employer wanted to dismiss her after six months, this was not possible without mutual agreement or the intervention of the court.

Checklist for temporary employment contracts

• 📄 Check the end date of your contract.

• 📝 Look if there is a interim termination clause in the contract.

• 📧 Keep an eye on whether the employer notifies you in writing in case of a contract of 6 months or longer.

• 📂 Count the number of contracts and the total duration (chain rule).

• ⚖️ Consult a labour lawyer in time in case of doubt or conflict.

Why Arslan Lawyers?

• Expert advice on employment contracts and dismissal

• Years of experience in labour conflicts and procedures

• Personal and practical approach

• For both employees and employers

FAQs about temporary employment contracts

1. Can my employer extend my temporary contract indefinitely?
No, after three contracts or three years a permanent contract is automatically created.

2. What is the notification duty exactly?
In case of contracts of 6 months or longer, the employer must inform you one month before expiration in writing whether the contract will be extended.

3. Can I terminate a temporary contract in the meantime?
Only if this is stipulated in the contract. Otherwise not, unless the employer agrees.

4. Do I receive a transition fee at the end of a temporary contract?
Yes, even with temporary contracts, you are entitled to a transition fee if your contract is not extended.

5. What if my employer does not comply with the rules?
Then you can claim a compensation or in some cases enforce a permanent contract.