When do I automatically get a permanent contract?

You automatically get a permanent contract after 3 consecutive temporary contracts with the same employer, or after 3 years of working with temporary contracts. This is an important protection for employees to prevent employers from offering only temporary contracts for years.

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The short answer

The law protects employees against endless temporary contracts through two rules. After three consecutive temporary employment contracts with the same employer, the fourth contract must automatically be for an indefinite period. It also applies that if you have had temporary contracts for more than 36 months (3 years) in a row with the same employer, you are entitled to a permanent contract. These rules also apply if there are short interruptions between the contracts of less than 3 months.

What does the law say?

Article 7:668a of the Civil Code regulates when temporary contracts automatically become permanent. This provision prevents employers from keeping employees on a string of temporary contracts for years. The law does not distinguish between different types of temporary contracts - they all count towards this regulation. Even interruptions of less than 3 months between contracts do not break these deadlines.

1Article 7:668a of the Civil Code: maximum of 3 temporary contracts in a row

2After 36 months of temporary work, the next contract automatically becomes permanent

3Interruptions of less than 3 months do not count as a real interruption

What do you need to watch out for?

Pay close attention to the exact dates of your contracts and any interruptions between them. Employers sometimes try to circumvent the rules by building in longer breaks between contracts or by using temporary agency worker arrangements. Always keep all contracts and correspondence, because you have to be able to prove that you are entitled to a permanent contract. CLA agreements can also sometimes contain deviating rules, so always check what applies to your sector.

1Keep track of how many temporary contracts you've already had

2Check if interruptions between contracts were longer than 3 months

3Keep all contracts and correspondence with your employer

4Check if your CLA has any deviating rules

Example from practice

Sanne has been working at a marketing agency since January 2022. She first got a 6-month contract, then another one of 8 months, and then one of 10 months. There was a maximum of one week's break between each contract. When the employer offered Sanne another 12-month temporary contract in December 2024, she was entitled to a permanent contract because this would be her fourth contract. She pointed this out to her employer, who ultimately offered her an indefinite contract.

What can you do?

If you think you are entitled to a permanent contract, take concrete steps to realize this.

1Make an overview of all your temporary contracts with dates

2Discuss the situation first with your employer or HR department

3Formally request a permanent contract if you are entitled to it

Conclusion

You are automatically entitled to a permanent contract after 3 temporary contracts or after 3 years of temporary work with the same employer. Make sure you keep track of your contracts and address your employer if you think you are entitled to job security.

Frequently Asked Questions

Do trainees also count towards the 3-contract rule?

What if my employer refuses to give me a permanent contract?

Does the rule also apply to different employers within the same group?

Can a CLA have different rules?

What happens with an interruption of more than 3 months?

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