Successive contracts: when does temporary work become permanent?

Successive contracts: when does temporary work become permanent?

Several temporary contracts can together create permanent employment. The main rule on 17 October 2026 is a maximum of three temporary contracts over at most three years, with intervening breaks treated under statutory rules. Counting contracts alone is insufficient: the cao, duties, agency-work history and special exceptions may change the result. Prepare a complete timeline before accepting a fourth contract or a new end date.

Map contracts and breaks using actual dates.

A different employer may sometimes remain part of the same chain.

Future flexible-work rules do not automatically already apply to your present contract.

The main rule: assess number and duration separately

A fourth temporary contract can create a permanent contract. Exceeding three years through successive temporary agreements can also cause conversion. Breaks of up to six months generally count; precise calculation requires actual dates. Consider both tests separately. Three short contracts may reach the numerical limit with the next agreement, whereas two long contracts may exceed the duration limit earlier.

Prepare a verifiable timeline

For each contract record the first and last day, legal employer, work type and any cao reference. Add renewal letters and periods of continued work. List breaks separately and check whether you nevertheless completed assignments or shifts during them. Do not rely solely on an HR overview produced afterwards: compare contracts and payslips. One incorrect date can matter near the duration limit or where a break is disputed. Alongside the contract timeline, list the collective agreement and version applicable to each period. The agreement currently shown on a website is not automatically the text that applied to an older contract; when an exception is invoked, ask for the specific provision and period.

Successive employment with different employers can count

A change in business name or contracting party does not automatically reset the clock. If you first work through an agency and then directly for the client, successive employment may matter. Duties and circumstances require assessment. Ask why the employer excludes certain earlier periods and compare the roles. A takeover, restart or transfer within a group needs individual consideration; the label “new employer” does not answer the legal question.

Cao rules and special roles require their own check

In some situations a cao can depart from the main rule within statutory limits. Exceptions also exist for certain work-based training, young employees with limited hours and specific teaching or other positions. Do not rely on a general internet rule without checking your cao and role. Find the wording applicable to your contract and period. An employer invoking an exception should explain which provision it is and why your work falls within it.

What does conversion mean in practice?

Where statutory conditions are met, permanent status generally arises through operation of the rules, not only when HR signs a new document. This does not mean you can safely ignore an announced end date. Explain in writing why your calculation indicates permanent employment and that you remain available for work. Request a substantiated response. If pay stops or termination is disputed, promptly determine the correct court route and deadlines.

Notification and transition payment are separate questions

A timely letter saying the temporary contract will stop does not prove that the contract is legally still temporary. Conversely, missing notification does not automatically produce conversion. If a valid temporary contract is not continued, notification compensation and a transition payment may arise, each with separate conditions and deadlines. Keep three questions distinct: the contract’s legal nature, timely communication and the financial final account. This prevents one HR letter appearing to settle everything.

Do not confuse adopted legislation with current law

The Senate approved the More Security for Flexible Workers Act on 7 July 2026. The Dutch government gives 1 January 2028 for the changes relevant here. On this guide’s review date, the new rules therefore do not justify already replacing the current six-month break with a future period. For contracts spanning commencement, later check transitional rules too. An older news item with a previously intended date is insufficient.

Example: agency work followed by two annual contracts

You work eight months through an agency in the same workplace, then receive two annual contracts from the client. For the next renewal, the employer wants to count only the direct contracts. Collect the agency agreement, job descriptions and payslips. Have someone assess whether the earlier period counts and which cao rules applied. The example deliberately gives no automatic outcome: the combination of successive employment, duration and possible agency exceptions requires a careful calculation.

Collect all contracts, renewals and agency-work periods.

Calculate contract numbers, total duration and each break separately.

Check the applicable cao and specific exception provisions.

Respond in time if a contract you consider permanent is treated as expiring.

Does a new chain always begin after six months?

The exact break length and exceptions matter. The main rule concerns breaks of up to six months; calculate using actual calendar dates.

Does an agency contract always count?

Not automatically in every situation. Successive employment and special agency rules can matter. Gather that period’s records too.

Do I need a new written contract to be permanent?

The law can automatically make a contract indefinite. Request confirmation and, if disputed, have your rights and procedural deadlines assessed.

Do the new flexible-work rules apply already in 2026?

The contract changes discussed here have a later commencement date according to the government information consulted. Check application and transitional law for your period.

Sources and editorial notes
Sources current as of: October 17, 2026
1. Rijksoverheid: when fixed-term employment becomes permanent
Publisher: Rijksoverheid
https://www.rijksoverheid.nl/themas/werk/hervormingen-arbeidsmarkt/passende-contractvorm/vraag-en-antwoord/arbeidsovereenkomst-en-cao/wanneer-verandert-mijn-tijdelijke-arbeidscontract-in-een-vast-contract
2. Ondernemersplein: entering into an employment contract
Publisher: Ondernemersplein · Overheid.nl
https://ondernemersplein.overheid.nl/wetten-en-regels/arbeidscontract-afsluiten/
The source publications are in Dutch. All language editions cover Dutch law.