Labour Matters Civil Servants

Labour dispute between civil servant and employer/administrative body
Do you, as a civil servant, have an employment dispute with your employer (an administrative body)? If you do not agree with a decision of your employer, you can object to it. If your employer rejects your objection, you can appeal to the administrative court. In the notice of objection, you can also ask your employer to agree to a direct appeal.

As a civil servant, when can I start a lawsuit against a decision of my employer?
If you do not agree with the decision of the administrative body (your employer) and your objection to this has been rejected, you can go to court. In the notice of objection, you can also request the administrative body to agree to a direct appeal to the administrative court.

Will my salary be paid during the legal proceedings?
This differs per case. If you are fired, the payment of your salary generally stops. If you get into acute trouble as a result, you can ask the preliminary relief judge to make an interim injunction. This can also be done during your objection procedure with the administrative body.

What does an appeal procedure for employment costs civil servants?
You pay court fees. In addition, you pay the costs for a lawyer if you engage them. You may be eligible for a contribution to the costs of a lawyer.
If the court rules in your favour, the administrative body must in principle reimburse the legal costs you have incurred. This is called a court costs order. This includes a fixed (fixed) fee for the lawyer's fees. In addition, the court fees that you have paid are reimbursed by the administrative body.

How long does a civil service case procedure take?
The appeal procedure for civil servants' employment proceedings lasts at least 3 months. If the case is appealed, this will increase to more than 1 year.

Can the judge agree with me and still allow the decision of the administrative body to stand?
Sometimes the decision of the administrative body is annulled, but the court finds that the legal effects of the decision are maintained. The reasons for this are set out in the judgment. In practice, this means that the content of the decision remains in place and the administrative body does not have to take a new decision.

The role of AGA Lawyers
A lawyer of AGA Lawyers offers assistance in most cases within administrative law. In the event of an administrative law conflict, an expert lawyer is at your side. Together with you, the lawyer determines the right approach and ensures the best possible solution and result. Advising, mediating, litigating, negotiating or drafting legal documents, AGA lawyers arrange it for you.

Contact AGA Lawyers
The administrative law lawyers of AGA Lawyers can do a lot for you, such as guiding you during the entire process. Feel free to contact one of our expert lawyers for a 1st free intake interview.

TELEPHONE: 040-8444523 (1st intake interview free of charge and without obligation) (Available Mon to Fri between 09.00h and 21.00h). We can also be reached by e-mail:
E-MAIL:  info@agajuristen.nl or contact form on the right side of our website.

More information
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