Temporary Contract Not Renewed in Netherlands — Your Rights

It's disappointing and confusing when your temporary contract suddenly isn't renewed, especially when you feel this is happening unfairly. Perhaps you had performed well, received positive feedback, or there were signals that renewal was possible. You're wondering whether your employer has followed the rules and what your rights are in this situation. It's important to know that legal protection exists against arbitrary dismissal under Dutch law, even for temporary contracts.

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What's happening?

When a temporary contract expires, the employer is not automatically obliged to renew it. However, there are situations where not renewing a contract can be unlawful under Dutch law. This can happen when there's discrimination, when agreements about renewal were made, or when the real reason for not renewing conflicts with the law. There can also be sham arrangements where temporary contracts are used to avoid permanent contracts (vaste contracten). In such cases, you may have the right to legal protection in the Netherlands.

What does Dutch law say?

Dutch law provides protection against arbitrary dismissal and workplace discrimination, even for temporary contracts. The Dutch Civil Code (Burgerlijk Wetboek) and the Work and Security Act (Wet Werk en Zekerheid) contain important rules about employment contracts and their termination. Whilst employers have freedom in whether or not to renew temporary contracts, they may not do so for discriminatory reasons or in breach of agreements made. There are also rules about the transition from temporary to permanent contracts.

1Article 7:648 BW (Dutch Civil Code): Prohibits dismissal for discriminatory reasons such as gender, age, religion or other protected characteristics

2Article 7:668a BW (Dutch Civil Code): After three consecutive temporary contracts or after 24 months, a permanent contract (vast contract) arises automatically

3Article 7:611 BW (Dutch Civil Code): Employers must honour agreements made about contract renewal and may not mislead employees

What are your rights?

Even with temporary contracts, you have important rights that your employer must respect under Dutch law. It's important that you know what protection the law gives you as an expat in the Netherlands.

1Right to non-discrimination: Your contract may not be terminated because of your gender, age, religion, sexual orientation or other protected characteristics

2Right to honouring agreements: If your employer has made commitments about renewal, they must honour them

3Right to a permanent contract (vast contract): After three temporary contracts or 24 months of temporary work with the same employer, you automatically get a permanent contract

4Right to explanation: You may ask why your contract is not being renewed, especially if this comes unexpectedly after positive signals

What can you do now?

There are concrete steps you can take to protect your rights and possibly find a solution for your situation under Dutch law.

1Step 1: Gather all evidence such as emails, evaluations, witness statements from colleagues and written commitments about contract renewal

2Step 2: Ask your employer in writing for an explanation of why the contract is not being renewed and keep this correspondence

3Step 3: File a formal complaint with your employer if you think there's discrimination or breach of contract

4Step 4: Get legal help through the Legal Desk (Juridisch Loket) or an employment lawyer if the employer won't cooperate

Sample letter or template

MijnRecht.AI can help you draft a professional letter asking your employer for clarification about not renewing your contract. This letter can also serve as a first step in any potential legal proceedings and ensures you exercise your rights properly under Dutch law.

Where can you get help?

For help with contract problems in the Netherlands, you can contact the Legal Desk (Juridisch Loket) for free legal advice, your trade union if you're a member, an employment law solicitor for complex cases, or ultimately the subdistrict court (kantonrechter) if legal proceedings are needed. The Labour Inspectorate (Inspectie SZW) can also help with structural problems regarding temporary contracts.

Conclusion

Not renewing your temporary contract doesn't have to mean the end of your possibilities. By knowing your rights under Dutch law and taking the right steps, you may still find a solution. Don't be discouraged and seek help promptly if you think unlawful action has been taken.

Frequently Asked Questions

Can my employer simply decide not to renew my temporary contract?

How do I prove that not renewing my contract is unfair?

Do I automatically get a permanent contract after three temporary contracts?

What if my employer says they don't need to give a reason for not renewing?

Can I still go to court if my contract has already ended?

What happens if the court rules in my favour?

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