Written by Melanie Schulpen, attorney at Arslan Advocaten, practising criminal law and administrative law. Registered in the register of practice areas of the Netherlands Bar for criminal law (including juvenile criminal law) and administrative law.
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Has the chief of police (korpschef) refused or withdrawn permission for you to work in security? That is a different procedure from an ordinary application for a certificate of conduct (VOG). The assessment concerns, among other things, reliability under the rules for private security and investigation. Request the decision and the underlying information, check the time limit for objection and also have the consequences for your employment contract assessed. A VOG issued previously does not automatically entitle you to permission.
A refusal may mean that you cannot start or must stop your current work. You then face both an administrative law question and possibly an employment law question. Who decides on the permission, which facts are relied on and what does this mean for your pay? These questions must be considered together, without confusing the different procedures.
What is permission from the chief of police?
Private security organisations and private investigation agencies must apply for permission for their staff. The screening focuses on the suitability and reliability required in this sector. Training requirements or an appropriate exemption may also be relevant.
The employer plays a role in the application, but the decision affects your personal ability to do the work. So ask for a complete copy of the application and all correspondence received. A verbal message from the scheduler that your pass is not coming is not enough to establish your legal position.
Justis (the Dutch screening authority) explains permission for staff. The rules may also affect staff who do not themselves carry out the usual security tasks. So have it assessed which position and work are covered by the application.
A VOG and security permission are different
With a VOG, Justis assesses a certificate for a specific purpose. Permission within private security is subject to its own statutory and policy test. The documents are therefore not substitutes for each other. A positive VOG does not automatically mean that the chief of police must grant permission.
Conversely, a problem with permission does not have to be approached as if it were solely a VOG refusal. A standard letter to Justis may end up with the wrong authority. Look at the sender and the legal remedies clause of the specific decision.
A certificate of no objection (verklaring van geen bezwaar) for a position of trust is yet another form of screening. Work at an airport may therefore raise several legal questions. Gather all documents and have it established which assessment is actually being challenged.
Which facts can lead to a refusal?
The policy looks, among other things, at certain convictions in preceding years. Justis mentions as main lines eight years for serious offences resulting in a prison sentence and four years for serious offences resulting in a fine or community service. In addition, other relevant facts may give reason to assume insufficient reliability.
The assessment is therefore not limited to whether or not your criminal record is clean. Specific police information or conduct may also be relevant. That does not mean that every isolated entry is automatically sufficient. The factual basis, reliability and relationship with the position must be carefully assessed.
Ask which category is being applied. A conviction within a stated period calls for a different defence from a judgement based on other circumstances. The exact sentence, disposal and dates are essential; a summary such as ‘old fine’ is too vague.
An incident outside working hours can count
Security staff are expected to be highly reliable. Conduct outside working hours may therefore be significant for permission. Merely arguing that the incident had nothing to do with your employer does not automatically remove its possible relevance.
Do examine how the incident was established. Is it based on the police’s own observation, a statement by someone else, an official police report or an unclear registration? What exactly was your role? A person who was present is not automatically the one who committed the conduct complained of.
Describe the context factually and coordinate your response if a criminal case is still ongoing. An explanation in administrative proceedings must carefully match your position in the criminal proceedings. Have relevant case documents assessed before you make extensive statements about disputed events.
Request the complete file
Ask for the information on which the intended or final decision is based. You want to be able to see which incidents, dates and circumstances are being used. A single sentence stating that your reliability is insufficient does not yet give a usable picture of the factual basis.
Check whether persons, addresses and events have been linked correctly. Also note any missing context. A registration may, for example, describe a suspicion without mentioning the later disposal. Enclose evidence of that disposal where relevant.
Access to the file may be restricted, for example because of the interests of third parties. In that case, have it assessed what minimum information is needed to respond effectively to the reasoning. The lack of full access does not by itself justify every refusal, but it does call for a concrete procedural approach.
Responding to an intention
If you receive an intention to refuse or withdraw, read the response period stated. Do not take it from a general explanation about the VOG: this is a different procedure. Request the file in good time and ask for clarification if the legal basis is not clear.
Your views can address both factual inaccuracies and relevant personal circumstances. Start with what you believe is incorrect and enclose evidence. Then discuss the significance of the incident, the time that has passed and how you have performed since.
Ask your employer for concrete information about your work and their experience of your performance. A general expression of support is no substitute for a substantive defence, but can provide relevant context. Do not let the employer make statements about facts of which it has no first-hand knowledge.
Reliability and your personal circumstances
A long period of good performance may be relevant, but it is no automatic exemption from screening. The same applies to dependence on the income. The decision must be assessed within the applicable rules and the scope that exists for taking circumstances into account.
Make the changes since the incident concrete. Think of support, treatment, stable work or other demonstrable developments. Explain why precisely that change relates to the concerns about reliability. A collection of random positive references helps less.
Also ask your legal representative to assess whether the policy has been applied correctly and whether special circumstances have been sufficiently examined. An appeal to proportionality must tie in with the facts and the purpose of the scheme. Simply using the word disproportionate does not yet make the defence concrete.
Objecting to a refusal or withdrawal
An objection can usually be lodged against an administrative decision within six weeks, but always check the clause in your own letter. Clearly state the decision and its reference number. If the file is still missing, a timely provisional notice of objection with a request for time to supplement it may be appropriate.
Then set out the grounds by topic: correct facts, applicable policy rule, period, reasoning and personal circumstances. Ask for a hearing if you want to explain your situation, and respond to requests for additional documents.
If your employer is also involved in the procedure, agree who will put forward which interests. Your personal interest in your work and the interest of the organisation may coincide, but are not identical. Make sure your own legal position does not depend solely on an informal effort by your employer.
May you keep working during the objection?
An objection does not in principle suspend a decision. If permission has been withdrawn, it must therefore be checked from which date that applies and which work is still permitted. Do not assume an automatic transition period just because a procedure is ongoing.
Ask your employer for written clarity about your deployment and any other work. A willingness to keep you on the roster is no substitute for valid permission. Discuss the current status with your legal representative.
In urgent cases, a provisional measure (voorlopige voorziening) can be considered. For this, the procedural basis must be correct and it must be substantiated why a temporary measure is necessary. The interest of reliable security is taken into account; financial disadvantage alone does not guarantee a suspension.
What does this mean for pay and dismissal?
A refusal or withdrawal does not automatically end your employment contract in every situation. The employment contract, the collective labour agreement (cao), any conditions and the facts are relevant. So have a proposal to terminate or reliance on a condition subsequent assessed separately.
Do not hastily sign a settlement agreement because you think an objection would otherwise be pointless. An employment law arrangement can have consequences for your pay, benefits and negotiating position. At the same time, it may be necessary to make quick arrangements about temporary deployment or availability.
Keep rosters, payslips and correspondence. Ask your employer what decision it is taking and on what grounds. A favourable outcome in the administrative proceedings does not automatically resolve an employment dispute that has arisen in the meantime. The two tracks therefore deserve coordinated attention.
Training and a new employer
Sometimes the refusal also relates to a missing diploma or exemption. That is a different question from reliability. Check whether the correct training documents have been submitted and whether an exemption or dispensation actually applies.
Moving to another security organisation does not automatically get around a reliability problem. A new application may be assessed again. First ask which information and circumstances would actually change with another employer.
A later request also requires an up-to-date and complete file. The time that has passed may be significant, but the same facts may still be relevant. Have your options assessed before you incur costs for a course or a new application whose conditions are unclear.
Fictional example: police information without an up-to-date disposal
A security guard has his permission withdrawn because of an incident that is still described as an open suspicion. In the meantime, a decision has been taken in the criminal case. The employer reports that the employee can no longer be deployed and asks him to sign a settlement agreement.
In this fictional example, the current decision in the criminal case must be added to the permission file. At the same time, the time limit for objection, any urgency and the employment law documents must be assessed. Merely applying for a new VOG does not necessarily affect the decision of the chief of police.
The later disposal does not automatically lead to a positive outcome. However, it must be clear whether the factual basis and reasoning are still correct. That is the core of a targeted defence.
Preparing your file in practice
Make one folder containing the decision, the application, previous permissions and your identity document. Add the underlying criminal case documents and correspondence with your employer. Note separately which documents have yet to be received.
Write a short timeline of the incident, the disposal of the criminal case and the administrative procedure. State when you stopped working and what income you are losing. This helps determine whether a temporary measure is needed in addition to an objection.
Keep the original files and share sensitive information selectively. Your employer does not automatically need every medical or criminal case document for scheduling purposes. Your legal representative must, however, be able to assess everything that is relevant.
Organising a reliability file carefully
In the case of a refusal of security permission, the file may contain more than a criminal conviction. For each item of information used, therefore, make clear what the source is, what status it has and why you dispute its significance.
| Information | Question to check |
|---|---|
| Decision in the criminal case | Has the correct disposal been processed and which offence does it concern? |
| Police information | What has actually been recorded and what is an interpretation or presumption? |
| Incident at work | What statements exist and has your response been included? |
| Previous permission | What was the situation at the time of that assessment and what has changed since? |
| Job description | What specific tasks and responsibilities will you have? |
Distinguish between correcting a mistake and giving different weight to correct information. If an incident does not relate to you, this calls for evidence of the incorrect link. If the incident did take place but in your view carries insufficient weight, the response should focus on context, how recent it is and the standard applied.
A dismissal (the Public Prosecution Service drops the case) or an acquittal deserves a precise explanation. Its significance for permission in the security sector may differ from the assessment of an ordinary VOG. So do not refer solely to general VOG information, but have the rules of the relevant permission applied.
Recording communication with your employer
Ask your employer what consequences it believes the decision has for your deployability and employment contract. Have it clearly confirmed whether you will be given other tasks temporarily, be released from work or receive another notice. The legal significance of each may differ.
Do not sign a settlement agreement merely because permission has been refused without having the employment law consequences assessed. The decision of the chief of police and the arrangements concerning your employment are different matters. An objection to one document does not automatically correct the other.
Also discuss what information the employer needs. The status of the permission is essential for your deployability. Not every personal passage from a criminal or medical file needs to be shared with the employer without selection.
Keep rosters, contracts and payslips if you lose income. These documents can help substantiate the consequences and any urgency. A targeted approach thus combines the defence against the permission decision with protecting your position at work.
A new application after a change in circumstances
A new employer or the passage of time may be a reason to look at your options again. That does not mean that a previous unfavourable decision automatically loses its significance. Ask which application is required and which information will be reassessed.
Map out the changes in concrete terms. Has a criminal case since been concluded, has relevant information been corrected or has a programme been completed? Enclose evidence showing what has changed since the previous decision.
Keep a new application and a pending objection separate. They may have different purposes and be assessed at different times. Do not withdraw a procedure without assessing the consequences.
In a new application, a previous refusal deserves an honest and targeted explanation. The assessment is strengthened more by verifiable new circumstances than by simply resubmitting the same information.
Frequently asked questions
Is a positive VOG enough to work as a security guard?
No. Permission for private security has its own assessment framework. Training requirements may also apply. A VOG does not replace the permission of the chief of police.
Can permission be refused without a conviction?
It can, on the basis of other relevant facts, provided the decision is carefully substantiated in accordance with the applicable rules. Check which information is being used and what role you played in the events.
Does an objection automatically have suspensive effect?
In principle, no. Read the effective date and, in urgent cases, have it assessed whether a provisional measure is appropriate. Do not continue to carry out work that requires permission without a valid basis.
Am I automatically dismissed if my pass is withdrawn?
That does not automatically follow in every situation. Your contract, the cao and the circumstances must be assessed. Have a termination proposal or condition subsequent reviewed separately.
Can my employer lodge an objection on my behalf?
The employer may have its own role and interest, but make sure your personal legal position is protected. Discuss who is conducting which procedure and which time limits apply. An informal promise from the employer does not provide sufficient certainty.
What should I send for an initial assessment?
The decision or intention, the application, relevant criminal case documents and correspondence about work and pay. State the deadline for responding and whether you are still being deployed.
Have the permission and the employment consequences assessed together
Submit the documents to Arslan Advocaten. Read more about administrative decisions and employment law. A timely assessment helps determine which procedure is needed and which arrangements with your employer should be made with care.
Read also
VOG after a dismissal, an acquittal or a pending criminal case
VOG P refused on the basis of police information: checks, submitting your views and objection
VOG refused for healthcare, education or childcare: your options
