Public Service Law

Public servants are employed by a government institution until 1 January 2020. After that date – upon the entry into force of the Public Servants (Standardisation of Legal Status) Act (Wet normalisering rechtspositie ambtenaren – WNRA) – the criterion is that a public servant is a person who is employed in public service.

The main differences in legal status existing until 1 January 2020 are:

  • the terms of employment are regulated by general administrative order rather than in Title 7.10 of the Dutch Civil Code and collective labour agreements;
  • dismissal law;
  • own risk bearer status under the Unemployment Insurance Act (Werkloosheidswet);
  • legal protection under public law.

Differences in legal status

The differences in the legal status of public servants compared to 'ordinary' (private-sector) employees have narrowed over the years. This is evidenced by the fact that a large number of laws that apply to employers and employees also apply to public servants. Examples are the Works Councils Act (Wet op de ondernemingsraden), the Flexible Working Act (Wet flexibel werken) and the Work and Care Act (Wet arbeid en zorg).

Implementation of the Work and Security Act

As a result of the implementation of the Work and Security Act (Wet werk en zekerheid) for 'ordinary' (private-sector) employees, the differences have actually been further reduced. Just as in current public service legislation, from 1 July 2015 an exhaustive list of dismissal grounds also applies to private-sector employees. Dismissal is not possible beyond these legal grounds. After the implementation of the WNRA, under employment law, there will hardly be any difference between the status of a public servant and an employee who works for a private employer.

Legal status of public servants

Bearing in mind the implementation of the WNRA, it would be advisable to seek advice if you plan to make any changes to (or if anything changes in) the legal status of public servants. Aspects to consider include dismissal, sickness or a change in the terms of employment. Rather than waiting until the implementation of the WNRA, it may be wise to set this procedure in motion right now. There are even areas where you do not have a choice and where it would in any event be advisable to take all the new legislation into account in the meantime. Needless to say, BDO's legal experts can help you with this.

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