Chain Rule Interruption in Tilburg: When Does a New Chain Start?
For Tilburg employees, the chain rule interruption under employment law is essential. This rule from Article 7:668a DCC states that an interruption of more than six months between temporary contracts resets the counter for a maximum of three contracts in two years or 36 months. This ensures long-term temporary positions in the region, such as in logistics or healthcare in Tilburg, convert to permanent contracts and prevents abuse.
Statutory Rules for Chain Rule Interruption around Tilburg
Article 7:668a DCC forms the basis of the chain rule. A chain of temporary employment contracts converts to an indefinite-term contract if:
- Three or more temporary contracts within two years (24 months); or
- A total duration of 36 months.
Paragraph 6 is key for the chain rule interruption: "The time of prior employment contracts counts, unless interruptions exceed six months." A break shorter than six months continues the chain, while longer than six months starts a new one. The Supreme Court (ECLI:NL:HR:2015:330) clarifies that it applies to the employment relationship, including periods of illness, maternity leave, or unemployment benefits without an ongoing contract.
Chain Rule Interruption in Tilburg Practice
Courts examine the actual intervening period. Exactly six months and one day strictly breaks the chain. Employers in Tilburg cannot use tricks to evade this, or the contract risks being declared void.
What Qualifies as an Interruption in Tilburg?
- Without employment contract: The full period counts.
- Only actual duration: Ignore fictitious terms.
- Exception permanent contract: The chain rule then lapses.
Note: collective labour agreements (CLAs) may deviate if more favourable to employees (Article 7:668a(8) DCC), which is often relevant in Tilburg sectors.
Examples of Chain Rule Interruption for Tilburg Employees
Example 1: Reset after Long Break
At a Tilburg logistics company: contract from 1-1-2022 to 31-12-2022 (12 months), then 1-1-2023 to 30-6-2023 (6 months) and 1-7-2023 to 31-12-2023 (6 months). No break between two and three: permanent contract required. But with seven months idle until 1-8-2024, the chain resets.
Example 2: Short Break Continues Chain
Two contracts with five months in between: the chain continues toward two years and a permanent position.
Example 3: Illness or Unemployment Benefits During Break
During a break with unemployment benefits or illness without pay: it counts as an interruption.
Rights and Obligations under the Chain Rule in Tilburg
Rights of Tilburg employees:
- Demand a permanent contract after an uninterrupted chain.
- Submit disputes to the sub-district judge at the District Court of Zeeland-West-Brabant in Breda.
- New chain after more than six months' interruption.
Obligations of employers:
- Provide clear contracts with dates.
- Avoid manipulation (good employer principle, Art. 7:611 DCC).
- Inform about chain progress.
Tilburg employees can summon the employer for a permanent contract or transition payment upon exceedance. Start with free advice at the Legal Aid Office Tilburg.
Comparison of Interruptions in Tilburg Context
| Situation | Interruption | Effect on Chain | Example |
|---|---|---|---|
| Multiple contracts | < 6 months | Chain continues | 3 months break: counts toward 24/36 months |
| Multiple contracts | > 6 months | Chain resets | 7 months: new chain |
| Illness/Unemployment benefits | > 6 months | Resets without pay | Unemployment benefits count |
| CLA deviation | N/A | CLA conditions | More favourable to employee |
FAQ: Chain Rule Interruption in Tilburg
When does the interruption period run in Tilburg?
From the end of the previous contract to the start of the new one. Only actual dates count.
Do on-call contracts count?
Yes, from 2020 if ≥2 months or regular work (Art. 7:668a(1) DCC).
May an employer manipulate the break?
No, the sub-district judge at the District Court of Zeeland-West-Brabant can impose a permanent contract.
Does it apply to temps in Tilburg?
Yes, except ABU/NBBU CLAs with phases; permanent after phase 3.
Tips for Tilburg Employees and Employers
- Keep a logbook: Record contracts, breaks, and totals.
- Free advice: Visit the Legal Aid Office Tilburg for a check.
- Check the CLA: Often better rules in the region.
- In disputes: Go directly to the sub-district judge in Breda via referral from Municipality of Tilburg.