Civil servants at the Ministry of Defence

The legal status of civilian employees at the Ministry of Defence

In addition to military personnel and reservists, the Ministry employs thousands of civilians in a variety of roles, including logistics, IT, policy, administration and engineering. They also have a special legal status that is closely linked to the military organisation in which they work.

This status is set out in several pieces of legislation, including:

• The Civil Servants (Defence) Act (Wad);
• The Civil Servants (Defence) Regulations (Bard); and
• The Civil Servants (Defence) Income Decree (IBBAD).

These regulations contain provisions on appointment, working hours, leave, sick leave, remuneration, allowances, disciplinary measures and dismissal, among other things. For instance, the Bard outlines the conditions for appointment, leave, and dismissal, while the IBBAD governs financial and employment conditions such as salary, allowances, and compensation for irregular shifts.

Opinion, objection, appeal and provisional relief

Decisions that affect the legal position of a civil servant — for example, dismissal for dereliction of duty or the imposition of a disciplinary measure — must be made with due care. The law therefore offers civil servants several opportunities to defend themselves.

• Opinion: Before a decision is made, the civil servant can give their opinion on the proposed decision. This can be done in writing or orally during a hearing. The opinion is taken into account in the final decision-making process.

• Objection: An objection to a decision can be lodged with the administrative body within six weeks. Civil servants working outside the Netherlands have thirteen weeks to lodge an objection or appeal.

• Appeal and higher appeal: if the objection is rejected, an appeal can be lodged with the administrative court, and then a higher appeal with the Central Appeals Tribunal.

Submitting an objection or appeal does not have suspensive effect. This means that the decision already has legal effect, even if proceedings are still ongoing. To temporarily prevent this, a provisional measure can be requested from the administrative court. This requires urgent consideration.

Integrity and social safety at the Ministry of Defence

In recent years, there has been an increasing emphasis on integrity, social safety and professional conduct within the Ministry of Defence.

The Ministry of Defence's Central Integrity Organisation (COID) monitors possible integrity violations, such as conflicts of interest or undesirable behaviour. Additionally, the Undesirable Behaviour Committee (COG) investigates complaints under the Ministry of Defence Complaints Procedure.

The results of these investigations may prompt a manager to impose disciplinary measures, or in the event of a suspected criminal offence, report the matter to the Public Prosecution Service.

Our lawyers assist civil servants subject to such investigations, offering legal and strategic support during hearings, objection procedures and appeals.

We specialise in providing assistance to civil servants at the Ministry of Defence.

Our lawyers specialising in civil service law have in-depth knowledge of the complex laws and regulations that apply to Ministry of Defence civil servants.

We can guide and advise you on:

• The intention to impose a decision that could change your legal position;
• Objection and appeal procedures against decisions regarding your legal position;
• Disciplinary measures or integrity investigations;
• Hearings and investigations by the COID or COG;
• Issues regarding salary, allowances, illness or dismissal;
• Applying for provisional measures.

We provide expert and dedicated assistance, considering both the legal and personal implications of your case.

What legal measures can be taken against military personnel?

A variety of legal measures can be imposed within military civil service law. These vary in severity and impact depending on the nature and seriousness of the incident.

• Recommendation for dismissal, with or without honourable mention;
• Written warnings;
• Negative performance review in the personnel file;
• Non-award of periodic salary increase;
• Suspension from duty.

In such situations, it is crucial that your legal position is clear and that your interests are expertly represented.

Why engage a lawyer who specialises in military civil service law?

Our lawyer specialising in military civil service law has in-depth knowledge of the complex regulations surrounding the legal position of military personnel. We can assist you with objection procedures, appeals and higher appeals, as well as in the preparatory phase to prevent escalation. During an initial consultation, we will listen to your story, analyse the situation and advise you on your legal options and next steps. Transparency regarding costs and feasibility is paramount.