Ketenbepaling Voor Tijdelijke Contracten
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What is the Ketenbepaling for Tijdelijke Contracten?
The Ketenbepaling for Tijdelijke Contracten, also known as the `chain provision,` is a set of rules that regulates the maximum duration of consecutive temporary employment contracts in the Netherlands. This provision was introduced in the Dutch Labor Law in 2015, and it applies to all employment contracts that are concluded on or after July 1, 2015.
According to the Ketenbepaling, employees are entitled to a permanent contract after they have worked for their employer on consecutive temporary contracts for a period of two years or have had more than three temporary contracts in a row. This means that once an employee has worked for their employer for two years on consecutive temporary contracts, the employer must offer them a permanent contract.
How does the Ketenbepaling work in practice?
To understand the Ketenbepaling in practice, let`s consider an example. Suppose a company hires an employee for a temporary contract of six months. After the first contract expires, the company decides to rehire the employee for another six-month contract. This cycle repeats itself three more times, and the employee has been working for the company for two years on consecutive temporary contracts.
At this point, the company must either offer the employee a permanent contract or terminate their employment. If the company offers the employee a permanent contract and they accept, they become a permanent employee of the company with all the rights and benefits that come with it.
Exceptions to the Ketenbepaling
There are some exceptions to the Ketenbepaling. For example, employees who are younger than 18 and work fewer than 12 hours per week are not subject to the Ketenbepaling. Additionally, some sectors have their own rules regarding temporary contracts, such as the construction sector, which allows for three temporary contracts in a row over a period of two years.
Conclusion
The Ketenbepaling for Tijdelijke Contracten is an important provision in Dutch labor law that regulates the maximum duration of consecutive temporary employment contracts. It is designed to protect employees from being stuck in a long-term cycle of temporary contracts without the security of a permanent contract. As an employer, it is important to be aware of the Ketenbepaling and to ensure that you are adhering to its rules and regulations.
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