You may extend a fixed-term contract with a working student, but not indefinitely. Under Article 7:668a of the Dutch Civil Code the last contract counts as permanent if you conclude more than three fixed-term contracts, or if those contracts together (gaps of at most six months included) cover more than 36 months [1][2]. For a contract of six months or longer you must also tell the employee in writing, at the latest one month before the end, whether you'll continue it [3][4].
How does the chain rule work?
The law looks at successive contracts between the same parties. If the gaps between contracts are at most six months, the chain continues. Only a longer gap restarts the count [1]. If a new contract would be the fourth, or if the total period exceeds 36 months, the last contract counts as permanent, even if an end date is written on paper [1]. This also applies to successive employers who, as regards the work, can reasonably be regarded as each other's successor [1].
- A collective agreement can deviate: the Dutch government states that agreements in the collective agreement take precedence [2]
- Exceptions according to the Dutch government: an apprenticeship agreement for the work-based learning route (bbl), and employees under 18 who work on average no more than 12 hours a week [2]
- The exception for young people therefore doesn't apply to a working student aged 18 or over, even when working few hours
What is the notice obligation?
For a fixed-term contract of six months or longer, the employer must tell the employee in writing, at the latest one month before the end, whether the contract will be continued and, if so, on what terms (Article 7:668) [3]. The duty doesn't apply to a contract shorter than six months or to an end date that isn't set as a calendar date [3][4]. If you fail to give notice at all, you owe compensation equal to one month's wages; if you're late, a proportionate amount [3][4]. If the employment continues after the end date without timely notice (or, for a contract shorter than six months, without objection), paragraph 4 provides that the contract is deemed continued for the same period, up to one year, on the former terms [3].
Is a transition payment due if you don't extend the contract?
In many cases, yes. Under Article 7:673 the employer owes a transition payment if a fixed-term contract ends by operation of law on the employer's initiative and isn't continued, unless there's a follow-up contract that starts within six months and can be terminated early [5]. The payment is one third of the monthly wage for each year of service, pro rata for shorter periods [5]. No payment is due if the contract ends before the employee turns 18 and the employee worked on average at most twelve hours a week [5]. If the employee refuses an extension, there's only a right to payment in case of seriously culpable conduct by the employer [6]. For the amount, the Dutch government refers to a calculator by the Ministry of Social Affairs and Employment [6].
What changes on 1 January 2028?
On 7 July 2026 the Senate approved the Act on more security for flexible workers. According to the Dutch government, the main provisions take effect on 1 January 2028. After three fixed-term contracts, no fixed-term contract may then be concluded for three years. On-call contracts are replaced by a bandwidth contract, with an exception for side jobs of, among others, pupils and students [7]. Position as of 11 October 2026.
What can you do in practice?
- Note the end date of each contract and a notice date one month earlier
- Decide in good time whether to offer another fixed-term contract, a permanent one or to part ways, and keep track of the number of contracts and the total duration
- Check whether a collective agreement applies that deviates from the law
- Put every notice in writing and keep proof of sending
- If in doubt, get advice from an employment lawyer or an employers' association
Sources
- wetten.overheid.nl: Burgerlijk Wetboek Boek 7, artikel 668a (ketenregeling), geldend per 1 juli 2026, accessed 11 October 2026.
- Rijksoverheid: Wanneer gaat mijn tijdelijke contract over in een vast contract?, accessed 11 October 2026.
- wetten.overheid.nl: Burgerlijk Wetboek Boek 7, artikel 668 (aanzegplicht), geldend per 1 juli 2026, accessed 11 October 2026.
- Rijksoverheid: Wat is een aanzegtermijn?, accessed 11 October 2026.
- wetten.overheid.nl: Burgerlijk Wetboek Boek 7, artikel 673 (transitievergoeding), geldend per 1 juli 2026, accessed 11 October 2026.
- Rijksoverheid: Heb ik recht op een transitievergoeding als ik word ontslagen?, accessed 11 October 2026.
- Rijksoverheid (2026): Meer zekerheid voor mensen met een flexcontract, accessed 11 October 2026.
