Right to a Permanent Contract after Temporary Contracts?

Questioner

Dear reader, I have had 3 temporary contracts of half a year with a BV. Now I have changed to another BV, but it is the same owner. There are 2 different Chamber of Commerce numbers. I have now received a contract for 1 year, but I wonder if I am not entitled to a permanent contract because the employer is the same person. Or does that not matter because these are 2 different companies. I would like to know how things are.

Lawyer

The question here is at whose request the change to another BV took place. However, it seems very likely that there is a transfer of undertaking, certainly if the transfer took place at the request of your employer. By law (Article 7:662 et seq. of the Dutch Civil Code), all rights and obligations of the employee are automatically transferred to the successor party at that time, including the chain provision (Article 7:668a of the Dutch Civil Code: after 3 contracts or 2 years, automatic permanent contract). According to settled (also European) case law, there is a transfer of undertaking if the identity of the acquired business activities has remained largely the same by the successor company.