Understanding the automatic progression between contractual phases under Dutch temporary employment law.
INSTITUTIONAL STRUCTURE
● The Dutch temporary employment system includes a phase-based structure regulated by collective labor agreements (CLA).
● The two most common CLA frameworks are the ABU and NBBU agreements.
● The phase system defines rights, contract types, and termination conditions over time. 📊
● Phase 1/2 refers to the initial period of temporary agency work, lasting up to 52 worked weeks.
● Phase 3 follows automatically after Phase 1/2, introducing fixed-term contracts with increased worker protections.
● The phase transition is mandatory if no employment interruption of 26 consecutive weeks occurs. 📅
● Workers cannot choose to remain in Phase 1/2 if eligibility for Phase 3 is met.
● The term uitzendbeding means that a contract ends automatically when the client assignment ends. 🧾
● This clause applies only during Phase 1/2 and ceases upon entering Phase 3.
● Restarting Phase 1/2 is only possible after a break of 26 weeks or by changing to a different employment agency.
● Each phase reflects cumulative rights based on time worked and continuity of employment. 🔁
● The phase system ensures standardized progression and legal clarity for agency workers.
LEGAL AUTHORSHIP
● The ABU and NBBU are official labor organizations regulating temporary agency work in the Netherlands.
● The ABU (Algemene Bond Uitzendondernemingen) is a national employers’ association for staffing agencies.
● The NBBU (Nederlandse Bond van Bemiddelings- en Uitzendondernemingen) serves smaller and mid-sized agencies. ⚖️
● Both frameworks define phase systems with automatic transitions based on cumulative service weeks.
● Phase 1/2, also called Phase A, permits flexible contracts with the uitzendbeding clause active.
● Phase 3, also known as Phase B, introduces fixed-term contracts and ends automatic dismissal rights. 📌
● Legal rights accumulate progressively across phases unless reset by inactivity or agency change.
● Each agency must follow its chosen CLA (ABU or NBBU), and workers are bound by those terms. 🗂️
● The phase system aims to balance flexibility for employers and job security for employees.
● Weekly tracking of active work weeks determines transition timing across all phases.
● The system ensures transparency and predictability in temporary labor relations. 💼
● These regulations provide institutional structure and legal certainty to both workers and agencies.
My Diary - Leonardo Cardillo 