Chain Rule Interruption in Amsterdam: When Does the Clock Reset?
For Amsterdam residents, the chain rule interruption under employment law limits temporary jobs, such as those in Amsterdam's vibrant hospitality or tech sectors. Under Article 7:668a of the Dutch Civil Code, the clock resets for a maximum of three temporary contracts within two years or 36 months if the interruption exceeds six months. This prevents prolonged uncertainty and employer abuse in the city.
Legal Basis of Chain Rule Interruption for Amsterdam Residents
Article 7:668a of the Dutch Civil Code provides that successive temporary contracts convert to a permanent employment contract after three or more agreements within 24 months, or a total duration of 36 months. Paragraph 6 is key to the chain rule interruption: "Time from prior employment relationships counts, unless interruptions exceed six months." Thus: more than six months' break starts a new chain; shorter ones carry over. The Supreme Court (ECLI:NL:HR:2015:330) emphasizes that it concerns the employment relationship, including periods without a contract such as sick leave or unemployment benefits in Amsterdam.
Chain Rule Interruption in Amsterdam Practice
Judges at the District Court of Amsterdam assess the actual period between contracts. Precisely six months and one day strictly resets the chain. Artificial extensions by employers, for example to circumvent Amsterdam's flexible labor rules, may render contracts invalid.
What Counts as an Interruption in Amsterdam?
- No Employment Contract: Full period without work.
- Contract Duration: Only the actual term.
- Exceptions: Permanent contract breaks the chain.
Note: Collective labor agreements in Amsterdam sectors may deviate if more favorable (Article 7:668a(8) Dutch Civil Code).
Practical Examples of Chain Rule Interruption in Amsterdam
Example 1: Reset After Long Break
An Amsterdam hospitality worker is employed from 1-1-2022 to 31-12-2022 (12 months), 1-1-2023 to 30-6-2023 (6 months), and 1-7-2023 to 31-12-2023 (6 months). No interruptions between: three contracts within 24 months, so permanent after the third. But a seven-month break until 1-8-2024 resets for a new contract.
Example 2: Short Break Carries Over
Two contracts with five months between: chain continues toward permanent after two years.
Example 3: Illness and Unemployment Benefits in Amsterdam
Unemployment benefits during break: counts as interruption without continued pay.
Rights and Obligations Under Chain Rule Interruption
Employee Rights in Amsterdam:
- Claim permanent contract for unbroken chain.
- Submit dispute to sub-district judge at District Court of Amsterdam.
- New chain after >6 months' interruption.
Employer Obligations:
- Clear contracts with dates.
- No abuse (good employer practice, Article 7:611 Dutch Civil Code).
- Inform about chain rule.
Amsterdam residents can sue employers for permanent contract or transition payment. Start at Amsterdam Legal Aid Office for free advice.
Comparison: Interruption Shorter vs. Longer Than Six Months
| Situation | Interruption | Chain Consequence | Amsterdam Example |
|---|---|---|---|
| Multiple Contracts | < 6 months | Continues | 3-month break: counts toward 24/36 months |
| Multiple Contracts | > 6 months | Resets | 7-month break: new chain |
| Illness/Unemployment | > 6 months | Resets without pay | Unemployment counts |
| Collective Agreement | N/A | Agreement-dependent | More favorable for employee |
FAQs on Chain Rule Interruption in Amsterdam
When does the interruption run?
Directly after end of previous contract until start of new one; actual dates count.
Does a zero-hours contract count?
Yes, from 2020 if ≥2 months or regular work (Article 7:668a(1) Dutch Civil Code).
Can employer manipulate?
No, breaches good employer practice; District Court of Amsterdam may declare permanent.
Temp Agency Workers in Amsterdam?
Yes, except ABU/NBBU agreements with phases; permanent after phase 3.
Tips for Amsterdam Residents on Chain Rule
- Keep a Logbook: Record dates, interruptions, and totals.
- Consult Amsterdam Legal Aid Office for review.
- Check collective agreement via Municipality of Amsterdam or union.
- In doubt: free clinic at District Court of Amsterdam.