Civil servants’ legal status

Civil servants with special status

Anyone who works for a government employer is a civil servant. Since the purpose of government is to serve the public interest, civil servants are subject to special rules. These cover areas such as:

• the duty to observe confidentiality;
• the ban on accepting gifts;
• the duty to report any outside activities.

For this reason, all civil servants who work in any public sector organisation must take an oath or make an affirmation. They swear or affirm that they will not commit fraud, accept bribes or leak confidential information.

These rules are laid down in the Central and Local Government Personnel Act (in Dutch: Ambtenarenwet). 

Civil servants’ employment contracts and collective labour agreements

Like employees in the private sector, civil servants have an employment contract. Civil servants’ terms and conditions of employment are laid down in collective labour agreements. These agreements are concluded in consultation with employers and trade unions.

Government employers are free to negotiate a collective labour agreement, or indeed not to. In this respect the same rules apply as in the private sector. The government is also free to choose the trade unions with which it wishes to negotiate or conclude collective labour agreements. Naturally it is important to have the highest possible level of support for such an agreement among the employees concerned.

Private employment law, including rules on termination of employment

Private employment law, including the rules on termination of employment, applies to most civil servants. This means that they, like other employees, can take their employer to court in the event of a dispute or if their employment is terminated. Any termination of employment must be authorised by the Employee Insurance Agency or a limited jurisdiction judge. The employer must have a good reason for terminating the employment of the person concerned. 

Employment law does not apply to all civil servants

Some groups of government employees have a different legal status. They are employed on the basis of another type of public service appointment which is not subject to private employment law. Such groups include:

• employees of the National Police or Ministry of Defence;
• judges and public prosecutors;
• political officeholders: members of parliament, mayors and members of municipal executives.