Are you taking on staff through an acquisition or restart as an employer, or hiring a temporary worker on a permanent contract? Then you may be dealing with successive employership. This legal concept determines whether an employee’s earlier years of service continue to count with you. That has direct consequences for the transition payment, the chain rule and even the reintegration history of a sick employee. For employers, it is therefore important to know when successive employership applies and what risks come with it. In this article, we explain it clearly.
What is successive employership?
Successive employership arises when an employee performs virtually the same or comparable work with a new employer, while there is a clear link between the old and the new employer. In that case, the new employer is legally regarded as the successor. The result is that the employment history is not reset to zero, but moves along. The years of service the employee has built up earlier continue to count with the new employer.
The concept is intended to prevent employees from losing rights due to a change of employer that takes place on paper, but changes little in practice. Think of an employee who first works through a temporary employment agency and then joins the same company directly. The employer formally changes, but the work stays the same. For employers, this therefore means that you can take on obligations you are not always aware of.
When does successive employership apply?
Successive employership applies if two conditions are met. First, the employee must perform the same or comparable work with the new employer. Second, there must be a link between the old and the new employer, giving the new employer insight into the capacity and suitability of the employee.
In practice, this situation mainly occurs in the following cases:
- Business acquisition or restart: the staff moves to the acquiring or restarting company and does the same work there.
- From temporary worker to permanent contract: the employee first worked through a temporary employment agency and then joins the client directly.
- Tender or contract switch: with, for example, cleaning or security, a new contractor takes over the staff.
- Merger or split: employees move to another entity within the same group.
Are you in doubt whether your situation falls under this? Then seek proper advice, because the consequences for you as an employer can be considerable.
Successive employership and the transition payment
The biggest financial consequence of successive employership lies in the transition payment. Because the earlier years of service continue to count, the employee builds up a higher payment upon dismissal than if the employment with you had only just started. You therefore contribute to years that were actually built up with another employer.
The transition payment is calculated over the entire employment history, including the years with the previous employer. In 2026, the maximum transition payment is 102,000 euros, or a gross annual salary if that is higher. Especially for employees with long service and a high salary, this can add up considerably. Do you want to know what a dismissal could cost you? Then make an estimate with our free tool to calculate the transition payment.
The chain rule also continues. The employment contracts with the old employer count within the chain of temporary contracts. As a result, a temporary contract can turn into a permanent employment sooner than you expect. Keep this in mind when drawing up new contracts after an acquisition or restart.
Successive employership and second track reintegration
Successive employership affects not only the transition payment, but also your obligations in the event of illness. If you take on an employee who has previously been ill or partially incapacitated for work, the reintegration history can count. The absence built up with the previous employer can have consequences for your reintegration obligations as a successive employer.
If a transferred employee becomes ill (again) and a return to their own position is not feasible, you are obliged to start a second track reintegration process. In it, you look for suitable work with another employer together with the employee. The efforts and file structure of the previous employer can play a role in this, certainly in the assessment by the UWV.
In the event of a possible dismissal after two years of illness, this also remains relevant. The accrued years of service then continue to count in the transition payment after a second track process. As an employer, it is therefore wise to map out immediately during an acquisition which employees have an absence or reintegration history.
What should you pay attention to as an employer with successive employership?
This arrangement can bring unexpected costs and obligations. With good preparation, you limit the risks. As an employer, pay particular attention to the following points:
- Map the employment history: during an acquisition or restart, ask about years of service, contract history and any absence of the staff you take on.
- Calculate the transition payment correctly: take the continuing years of service into account, so that you are not caught off guard upon dismissal.
- Watch the chain rule: check how many temporary contracts are already running, to prevent an employee from being entitled to a permanent employment sooner than expected.
- Record agreements properly: when terminating employment, use a careful settlement agreement in which the employment history is correctly processed.
- Think about reintegration: do not underestimate the risk of absence and the associated second track reintegration obligations.
By arranging these points in advance, you prevent legal discussions and unnecessary costs. Successive employership is not a problem, provided you know which rights and obligations you take on.
More information at the UWV
The official rules and current amounts or deadlines are available at UWV about reintegration. These can change, so always check them at the source itself for a concrete situation.
Need help with successive employership and reintegration?
Have you taken on staff and are you dealing with a sick employee? Care4Careers also supports sick employees in the event of successive employership. We assist you in starting a second track reintegration process for employers, a watertight file structure and advice on the transition payment. This way, you can be sure that you meet all your obligations and limit financial risks. Feel free to contact us for a no-obligation advisory meeting.