Third temporary contract not converted into a permanent contract?

Employees often join on the basis of a fixed-term employment contract. A fixed-term contract runs until a specific date or event. When a temporary contract expires, the employer has the option not to renew it. This is only different if you are entitled to a permanent employment contract.


When am I entitled to a permanent contract?
An employment contract can be continued in various ways. Your employer can offer a new employment contract when your contract expires. Different employment conditions can be agreed upon in this.

An employment contract can also be tacitly extended. In this case, your employer does not offer a new contract, but you continue working after the end date of your contract. In this case, the conditions of the previous contract automatically apply, including the duration of the contract (up to a maximum of one year). A 5-month contract is thus tacitly extended by 5 months.

However, the extension of a fixed-term contract cannot be unlimited. Eventually, employees are entitled to a permanent employment contract. A fixed-term employment contract can currently not be extended more than twice. So, on the third extension (the fourth contract), you automatically have the right to a permanent contract. Additionally, you can work for a maximum of three years on a fixed-term contract with the same employer. After 3 years of service, the contract is automatically converted into a permanent employment contract.

If there has been a break of less than three months between contracts, these contracts still count in the chain of contracts. If the break lasted longer than 3 months, the chain starts anew. Note: sometimes different arrangements are included in the CLAs.

Work and Security Act
From 1 July 2015, a new statutory chain arrangement will apply. After three temporary contracts or after two years of successive temporary contracts, you are entitled to a permanent contract. There are successive temporary contracts if they follow each other with an interval of six months or less. In calculating the period of 2 years, periods of 6 months (or shorter) between temporary contracts count.

The new chain provision does not apply:

• if it concerns an employment contract of a student in the context of a vocational training pathway (bbl training);

• if it concerns an employment contract of an employee who is younger than 18 years and works a maximum of 12 hours per week.

If you are offered an extension around 1 July, you may fall under the transitional law. Are you unsure whether you are entitled to a permanent contract? Please contact our Information and Advice Centre.