(Semi-)public sector

What we do

Interests in the (semi-)public sector are sometimes weighed differently than in, for example, the business world. That is why we have brought together our employment law expertise and extensive experience within this domain in a separate practice group. We are the proactive advisor and sparring partner for a wide range of clients, from hospitals, educational institutions, and universities to housing associations, healthcare organizations, and church organizations. In addition, we specialize in the legal status of civil servants, which has been codified since January 1, 2020, in the Act on the Normalization of the Legal Status of Civil Servants (Wnra).

Characteristic of our approach is that we go beyond just employment law. First, we survey the entire playing field of parties and interests. Within that framework, we seek the optimal scope to reach a negotiation and the best, most sustainable solution. Mediation is also an option in this regard. We assist the organization with, among other things:

• Administrative issues
• Job suitability
• Dysfunctional employees
• Reorganizations
• Salary adjustment
• Drafting new terms and conditions of employment

Do you have questions regarding employment law in the (semi-)public sector? Then please contact us.

What makes employment law in the (semi-)public sector different?

A hospital, a municipality, a housing association, or an educational institution is not an ordinary employer. In addition to employment law, the public interest, political decision-making, public accountability, and a dense web of regulations play a role. A civil servant is therefore sometimes referred to as an “employee-plus”: since normalization, ordinary employment law applies to him or her, but additional obligations are added on top. Anyone who handles a case in this sector purely as regular employment law misses half the playing field. We combine precisely both perspectives. Our mixed teams of lawyers and in-house counsel are familiar with both the employment law rules of Arbeidsrecht and the specific standards applicable in the public domain, for the international concern performing public-private tasks just as well as for the local foundation.

The Civil Servants' Legal Status Act (Wnra) in practice

Since January 1, 2020, the Civil Servants' Legal Status Act (Wnra) applies to most civil servants. Consequently, unilateral appointment has been replaced by a bilateral employment contract within the meaning of Article 7:610 of the Civil Code. This has major consequences for practice:

• The legal status is no longer regulated in unilateral legal status regulations, but in a collective labour agreement and the individual employment contract.
• Disputes no longer proceed through administrative law and the administrative court, but through civil law.
• Dismissal now follows the route of regular employment law: termination after permission from the UWV or dissolution by the subdistrict court, based on the grounds for dismissal set out in Article 7:669 of the Dutch Civil Code.
• The transition payment and the chain rule for successive contracts apply.

Not everything changed for everyone. A number of groups are exempt from the Wnra and retain their own legal status, including military personnel, police officers, the judiciary, and political office holders. Separate regimes continue to apply to these groups. We map out in advance which regime applies to your organization or position, ensuring that the chosen course of action remains sustainable.

Integrity, the oath of office and special official obligations

Even after normalization, special obligations under the Civil Servants Act 2017 remain in effect. These include the oath or promise of office, the duty to report secondary activities, confidentiality, and the broader standard of good civil service conduct. Conduct outside working hours can have employment law consequences for a civil servant, as public office entails a role model function 24 hours a day. Integrity issues therefore require thorough investigation and a correct procedure, especially when they lead to an employment law measure or dismissal. This often touches upon fraud, compliance, and integrity. We guide the factual investigation, the hearing procedure, and the employment law conclusion, if necessary with a settlement agreement or recourse to the sub-district court.

WNT, remuneration policy and protection of whistleblowers

In the (semi-)public sector, additional frameworks apply regarding remuneration and the reporting of misconduct. The Act on the Standardization of Top Incomes (WNT) limits the remuneration and severance payments of top officials at government and semi-public institutions. Agreements exceeding this standard are not legally valid and must be reclaimed, which leads to difficult situations upon appointment and departure. In addition, the Whistleblower Protection Act offers protection against prejudice to employees who report a suspected wrongdoing in good faith. Organizations must have an internal reporting procedure and handle reports with care. We assess employment terms and severance packages against the WNT and assist in establishing a comprehensive reporting system so that a report does not escalate into an unnecessary labor dispute.

CLA landscape, reorganization and employee participation

Following the Wnra, the legal position of many civil servants is determined by sector-specific collective labour agreements (CLAs), such as the CLA for Municipalities, the CLA for Provinces, the CLA for the Central Government, and the CLAs for education and healthcare. These CLAs are often more detailed and binding than those in the market sector. In addition, the Works Councils Act (WOR) and political decision-making play a major role in reorganizations, mergers, and budget cuts; the Works Council has the right of advice and sometimes the right of consent. This directly relates to reorganization, employee participation , and dismissal law. We guide the entire process: from the social plan and the interpretation of the CLA to consultation with employee participation bodies and the individual settlement under employment law.

Frequently Asked Questions

Do all civil servants fall under ordinary employment law since the Wnra?
No. Most civil servants do, but groups such as military personnel, police officers, the judiciary, and political office holders are exempt and retain their own legal status.

How does the dismissal of a civil servant proceed now?
Through regular employment law. Depending on the grounds, this involves permission from the UWV or dissolution by the sub-district court, based on the grounds for dismissal set out in Article 7:669 of the Dutch Civil Code, with entitlement to a transition payment.

Do special obligations still apply to civil servants after normalization?
Yes. The Civil Servants Act 2017 sets requirements regarding, among other things, the oath or promise of office, the reporting of ancillary activities, confidentiality, and good civil service conduct. These obligations continue to exist alongside employment law.

What does the WNT mean for a severance package?
The Act on the Standardization of Top Incomes (WNT) limits the remuneration and severance pay of top officials in the (semi-)public sector. Agreements exceeding the standard are not legally valid and are reclaimed; therefore, a severance package must comply with the WNT.