Public service law

Public service law is the labour law for public-service employers, which not only include our national authorities, provinces, district water boards, municipalities and joint schemes between public bodies, but also (public) educational institutions. Until 1 January 2020, all these public-service employers employed their staff on the basis of a unilateral public servant appointment.

Public service law was governed by administrative law. So employment did not involve a bilateral contract, but a unilateral (administrative) decision.

Public Servants (Normalisation of Legal Status) Act

As of 2020, a lot has changed in public service law. With the Public Servants (Normalisation of Legal Status) Act (Wnra), the legal status of public servants has been aligned as much as possible with that of employees with employment contracts. Most public servants are now employees.

Hekkelman lawyers have specialist knowledge of both public service and labour law and are able to offer you the necessary legal support, also now the above-mentioned Act has entered into force, because despite standardisation, differences still exist.

In public service, other frameworks apply, for instance with regard to employee participation and as a result of salary caps, severance payments and the way in which accountability must be taken. Furthermore, public employers are considered own-risk carriers under the Unemployment Insurance Act, and many legal status regulations include unemployment benefit schemes that go beyond the statutory requirements.

Experience in public service law

Hekkelman lawyers have experience dealing with issues such as:

  • Terms of employment and legal position issues
  • Job evaluation
  • Employee participation
  • Dismissal
  • Privatisation and deprivatisation
  • Transfer of public-law duties
  • Cooperation in the social domain
  • The government as client
  • Hiring of personnel
  • Labour Market Fraud (Bogus Schemes) Act and Sequential Liability Act
  • Standards for Remuneration Act
  • Standardisation
  • Central and Local Government Personnel Act 2017
  • Integrity in the workplace
  • General Pension Fund for Public Employees
  • Self-insurance

Want to know more?

Hekkelman lawyers are experienced specialists in public service law. If you have any questions or would you like more information, please do not hesitate to contact us. We will be happy to help you.