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Under certain circumstances, a temporary increase in hours on top of a permanent contract may count as a separate (temporary) employment contract that counts towards the chain rule — with the risk of permanent employment. Case law is divided. Therefore, record a temporary increase in hours in a supplementary letter to the existing employment contract, stating the reason and the temporary nature of the contract.
An employment contract also specifies the number of hours. If the workload temporarily increases—due to a peak in demand or a sick colleague—an employee may work more. The question is whether those extra hours count as a separate employment contract.
Why this is important for the chain regulation
With an additional employment contract, the chain rule applies: with more than three consecutive temporary contracts (or after a certain period), permanent employment is automatically established. Therefore, you may not stack temporary contracts without limit. For an employer who does not wish to establish permanent employment, one more or one fewer employment contract can thus make all the difference.
The judiciary is divided
There is disagreement on this question. The District Court of Zwolle-Lelystad (ECLI:NL:RBZLY:2009:BH5911) ruled that a new employment contract had indeed arisen — but that it involved temporary increases in hours on top of a permanent contract of limited scope for three years. Allowing this would give an employer the leeway to undermine the employee's protection.
The District Court of Limburg (ECLI:NL:RBLIM:2016:4499) ruled differently: no new employment contract counts. That case concerned an increase from 24 to 28 hours — a much smaller difference. Notably: one judge (just like the Central Appeals Board) prioritizes the parties' intention, while the other examines whether the employee's statutory security is undermined. The outcome therefore depends on the perspective.
Document the extension in a supplementary letter
There is no straightforward answer, but you can limit the risk. Document the temporary increase in hours in a letter that explicitly serves as an addendum to the existing employment contract. This establishes the parties' intention: to supplement the existing agreement, not to create a new one. Also state the reason (such as a colleague's illness) and emphasize the temporary nature. If you absolutely do not want to risk permanent employment, bear in mind that it could still count towards your benefits and do not take any further risks.
Frequently Asked Questions
Does a temporary increase in hours count towards the chain rule?
That is possible, depending on the circumstances — such as the scope and duration of the expansion and the parties' intentions. Case law is divided, so there is no certainty.
How do I limit the risk of permanent employment?
Record the extension as an addition to the existing employment contract, stating the reason and its temporary nature. This clarifies the parties' intentions.
What is the chain regulation again?
The rule that permanent employment is automatically established after a certain number of consecutive temporary contracts (or after a certain period), for the protection of the employee.
Assistance with the chain regulation and extension of hours
The employment law specialists at MKB Juristen draft a comprehensive document regarding the extension of working hours and advise on the chain rule. View our expertise in employment law or contact us.
