In a case that was brought before the Supreme Court by Stefan Sagel, employment partner at De Brauw Blackstone Westbroek, the Supreme Court has substantially improved the protection against dismissal of temporary workers.

Normally, fixed term contracts expire by operation of law. Since 1999, section 7:667 DCC states that if an employment contract for an indefinite terms is terminated by mutual consent and is succeeded by a fixed term contract within three months, the latter contract does not terminate by operation of law. The employer will either have to obtain a dismissal permit and give notice or request the court to dissolve the contract. In a decision taken on 20 December 2013, the Supreme Court has now held that this rule also applies if the contract for an indefinite term has not been terminated by mutual consent, but because the employee has given notice of termination to the employer. If the employee returns to the employer within three months and is given a contract for a fixed term, that contract will not terminate by operation of law. The employee will then have the same employment protection as a regular employee on a contract for an indefinite term.

Click here to read the article in Het Financieele Dagblad. The article is available in Dutch only.