Rehiring a former employee, a boomerang employee, creates a new employment relationship under Dutch law, but it does not wipe out the old one. Three rules reach back across the gap: the chain rule of Article 7:668a of the Dutch Civil Code (BW), which can turn a new fixed-term contract into a permanent one; the transition payment, for which earlier service counts if the interruption was six months or less; and the probation period, which is void if the new role calls for the same skills and responsibilities as the old one. Restrictive covenants work the other way: they have to be agreed again in writing.
Below we go through each rule, the points that matter for returning expats, and what to do with the old personnel file. We end with a checklist for the employer and for the returning employee.
Isi kandungan
Is a rehire a new contract or a continuation?
Legally it is a new employment contract, which you draft from scratch. The old contract cannot be revived, and every term, including salary, is negotiated again within the limits of the statutory minimum wage and any collective agreement (CAO).
That does not make it a clean slate. Several statutory rules count earlier employment between the same parties, and a settlement agreement (vaststellingsovereenkomst) from the earlier departure remains binding unless the new contract expressly deals with it. See our overview of kontrak pekerjaan di Belanda for the general requirements.
Does the chain rule turn the new contract into a permanent one?
It can. Under Article 7:668a BW a fixed-term contract becomes a contract for an indefinite period once more than three fixed-term contracts have followed each other, or once successive fixed-term contracts have lasted longer than three years. The chain is only broken by an interruption of more than six months.
An example to illustrate: an employee worked on two consecutive one-year contracts, left, and returns five months later on a third one-year contract. The chain is not broken, and the three-year limit includes the gap. The total exceeds 36 months during the third contract, so it becomes a contract for an indefinite period from the day that limit is passed. A collective agreement can vary the number of contracts and the duration, so check the applicable CAO.
Apakah perubahan yang akan berlaku pada tahun 2028?
The Senate (Eerste Kamer) adopted the Act on more security for flexible workers (Wet meer zekerheid flexwerkers) on 7 July 2026. Its main parts, including an interruption period of three years instead of six months, are expected to enter into force on 1 January 2028. From then on, a former employee returning after two years will still be in the same chain, so a rehire that is safe today may not be safe then.
May you agree a new probation period?
Only if the new job clearly requires different skills or responsibilities. Under Article 7:652 BW a probation clause in a contract that follows an earlier contract between the same parties is void unless that condition is met.
A void probation clause means you cannot end the contract with immediate effect in the first months; you need a reasonable ground and the usual route through the UWV or the subdistrict court (kantonrechter). Record in the offer why the new role is different if you rely on a probation period.
Does earlier service count for the transition payment?
Yes, if the gap was six months or less. Under Article 7:673 BW successive contracts between the same parties with interruptions of no more than six months are added together for the transition payment (transitievergoeding); after a longer gap, the count starts again from the return date.
A transition payment already paid on the earlier departure does not have to be repaid. Whether it can be set off against a future payment is not settled by statute in every situation, so agree in the new contract how it is treated if the employee leaves again.
What about seniority and benefits?
Apart from these statutory rules, seniority is not reinstated automatically. Extra holiday days, anniversary bonuses or pension accrual based on past service only apply if the new contract or the applicable CAO or pension scheme says so; write it down either way.
Do old non-compete and confidentiality clauses still apply?
A non-compete or non-solicitation clause from the old contract does not carry over to the new one. Under Article 7:653 BW a new clause must be agreed in writing; in a fixed-term contract it is only valid if the contract states in writing which compelling business interest requires it. Our article on klausa tidak bersaing di bawah undang-undang pekerjaan Belanda sets out the current standards.
Confidentiality and final discharge (finale kwijting) clauses in an earlier settlement agreement stay binding. If the employee worked for a competitor in the meantime, add a confidentiality clause to the new contract that also forbids the use of information from the interim employer.
Does an earlier redundancy create obligations?
Yes. If you dismissed the employee with a UWV permit for economic reasons and want the same work done again within 26 weeks after the employment ended, you must first offer it to that former employee (the re-employment condition, wederindiensttredingsvoorwaarde). If you hire someone else, the former employee can ask the subdistrict court for fair compensation or reinstatement.
What should you check for a returning expat?
Treat the immigration and tax position as new. A previous residence permit does not revive, and the 30% ruling is assessed again under the rules that apply when the new employment starts.
Residence and work permit
A non-EU national needs a valid residence permit that allows the work. If the old permit has expired or was withdrawn, you file a new application with the IND, and the employee and the role must meet the current criteria, including the salary threshold for highly skilled migrants (kennismigranten), which is indexed every 1 January. Only a recognised sponsor can apply for a highly skilled migrant permit. A long absence can also interrupt the five years of residence needed for permanent residence or naturalisation. See our guide on highly skilled migrants in the Netherlands.
Keputusan 30%
The tax facility for incoming employees, known as the 30% ruling, is applied by the Belastingdienst and its terms have changed several times in recent years. Three points catch boomerang hires. The employee must be recruited from abroad: living within 150 kilometres of the Dutch border for more than 16 of the 24 months before the start disqualifies them. Earlier periods of stay or work in the Netherlands are deducted from the maximum term of five years. And employer and employee must apply jointly, within four months of the start for the ruling to apply from day one.
Do not promise the ruling in the offer until a tax adviser has confirmed it. A mistake lands on the payroll as an additional tax assessment.
Social security and pension
If the employee worked in another EU country, EU Regulation 883/2004 decides where social security contributions were due, and the employee may need to return an A1 certificate or deregister abroad. The old pension scheme does not restart automatically; the new contract should state which scheme applies from the start date.
What may you do with the old personnel file?
Only what the GDPR still allows. Personal data may be kept no longer than necessary for the purpose; for ordinary personnel file material such as appraisals and correspondence, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) uses two years after the end of employment as a guideline.
Tax-relevant records, including payroll data, must be kept for seven years under Article 52 of the General Tax Act (AWR). By the time a former employee returns after a few years, much of the old file should therefore no longer exist. Using an old appraisal that should have been deleted to decide on the rehire is unlawful processing, which the employee can report to the Autoriteit Persoonsgegevens.
Start a new file, collect only what the new role requires, and do not merge old and new data. Judge the employee on performance in the new role, not on recollections of old issues.
Apa yang perlu anda semak sebagai majikan?
Settle these points before the offer goes out:
- The exact dates of all earlier contracts and the length of the gap (six months, and from 2028 three years).
- Whether the new contract will be permanent by law under Article 7:668a BW or the CAO.
- Whether the new role clearly differs from the old one, if you want a probation period.
- The terms of any earlier settlement agreement, and how a paid transition payment is treated if the employee leaves again.
- A new written non-compete and confidentiality clause, with a written justification in a fixed-term contract.
- For expats: the permit route through the IND and the 30% ruling, checked before the offer.
What should you check as a returning employee?
Your earlier service can work in your favour. Check:
- Whether your return within six months means your new contract is, or will become, permanent.
- Whether a probation period is lawful, given how much your role has changed.
- That your earlier years count for the transition payment if the gap was six months or less.
- Which seniority-based benefits the new contract recognises, in writing.
- Whether a new non-compete clause is reasonable and, in a fixed-term contract, justified in writing.
What can we do for you with rehiring former employees?
Kami peguam pekerjaan advise employers and employees on rehires.
- We calculate the chain under Article 7:668a BW and the applicable CAO before the offer goes out.
- We draft the new employment contract, including probation, non-compete and confidentiality clauses.
- We review the earlier settlement agreement and record how a paid transition payment is treated.
- We check the IND route for a returning highly skilled migrant.
- We review your retention policy for old personnel files against the GDPR.
Ringkasan
- A rehire is a new contract, but the chain rule, the transition payment and the probation rule look back across gaps of six months or less.
- From 1 January 2028 the chain interruption is expected to become three years.
- A new probation period is only valid if the new role clearly requires different skills or responsibilities.
- Non-compete clauses must be agreed again in writing; earlier settlement terms stay binding.
- Permits, the 30% ruling and the old personnel file must be assessed afresh.
Soalan lazim
Can we pay a returning employee less than before?
Yes. The rehire is a new contract, so salary is negotiated again, as long as it meets the statutory minimum wage and any applicable collective agreement. Explain the reason, such as a different role, to avoid starting on the wrong foot.
Bagaimana jika pekerja bumerang pergi lagi sejurus selepas kembali?
The normal rules apply. For the transition payment, earlier contracts count if the gap was six months or less (Article 7:673 BW). If the probation clause was void because the role was the same, you cannot rely on it to end the contract.
Can we use performance issues from the earlier employment?
Only if the records may still lawfully be kept under the GDPR, which for appraisals is usually about two years after the employment ended. In practice, judge the employee on performance in the new role and document it in the new file.
Does an earlier redundancy affect a rehire?
Yes. If you dismissed the employee with a UWV permit for economic reasons and want the same work done again within 26 weeks, you must offer it to that former employee first. Otherwise the former employee can claim fair compensation or reinstatement.
Can we rehire someone who left on bad terms?
Yes, nothing in Dutch law forbids it. Check the earlier settlement agreement for confidentiality and final discharge clauses, and set clear expectations and performance standards in the new contract.
