Do you work with children, the elderly, or in a position involving confidential information? Then your employer may request a Certificate of Conduct (VOG) before you start. In this article, you will discover which professions require a VOG and how this can impact your job application.
What is a VOG and Why is it Important?
A VOG (Verklaring Omtrent het Gedrag) is a Certificate of Conduct issued by the Dutch Ministry of Justice and Security. It shows that your past behaviour does not pose a risk to the position you are applying for. The certificate is often required for professions where trustworthiness and integrity are essential, such as working with vulnerable groups or handling sensitive data.
The VOG is not a criminal record check in the traditional sense but a screening based on your criminal history and other relevant information. Justis, the screening authority, assesses whether your past convictions, if any, are relevant to the job role. If the assessment is favourable, the VOG is granted. If not, the application may be refused, which can have significant consequences for your employment prospects.
Professions and Situations That Require a VOG
A VOG is commonly requested in sectors where safety, security, and trust are paramount. This includes professions such as:
- Teachers, daycare workers, and other childcare professionals
- Healthcare workers, including nurses and caregivers
- Employees in the financial sector who handle money or sensitive client information
- Volunteers working with vulnerable groups, such as people with disabilities or the elderly
- Security personnel and drivers of public transport
- Positions that involve access to government buildings or classified information
Employers may also require a VOG when hiring for positions where there is a legal obligation or a sector-specific regulation demanding such a certificate. In some cases, obtaining a VOG is part of the standard hiring process, and failure to provide one can result in losing a job offer or not being allowed to start work.
How to Apply for a VOG
The application for a VOG can be made online or via a paper form, usually initiated by your employer or sometimes by yourself. The process involves submitting personal details and information about the job or volunteer position you will be performing.
Once the application is submitted, Justis conducts an assessment based on your criminal record and any other relevant information. This assessment considers:
- The nature and severity of any past offences
- How long ago the offences occurred
- The relevance of these offences to the position you are applying for
- Whether you have shown rehabilitation or changes in behaviour
The assessment process typically takes a few weeks, but in some cases, it can take longer depending on the complexity of the background check. If the VOG is granted, you will receive the certificate which you can then provide to your employer or the requesting organisation.
What Happens if Your VOG Application is Refused?
A refusal of a VOG can be distressing and may impact your employment opportunities. However, a refusal does not necessarily mean the end of the road. You have the right to challenge the decision through an objection and appeal procedure.
Initially, you can submit an objection (bezwaar) to Justis, explaining why you believe the refusal was unjustified. This process allows you to present arguments and any evidence that supports your case. Examples of such arguments might include:
- Proof of rehabilitation or completion of treatment programmes
- Evidence that the offences are unrelated to the job role
- Demonstrations of good conduct since the offence
If the objection is also rejected, you can escalate the matter by filing an appeal with the administrative court (rechtbank). This legal procedure is more complex and typically requires the assistance of a specialised lawyer familiar with VOG cases and Dutch administrative law.
Legal Support During VOG Objection and Appeal Procedures
While it is possible to submit objections and appeals yourself, having a specialised lawyer can significantly improve your chances of success. Lawyers at Arslan Advocaten understand the nuances of Justis’s assessment criteria and know which legal arguments carry the most weight.
During the appeal phase, the procedure becomes more formal, and legal reasoning must be developed to a high standard. Our attorneys can help you to prepare a compelling case, gather relevant evidence, and represent you at hearings before the court or the Council of State.
Furthermore, many clients qualify for subsidised legal aid (toevoeging), which means legal assistance is affordable. At Arslan Advocaten, we carefully assess your income and assets to determine eligibility for legal aid. This ensures that you receive expert legal support without incurring excessive costs.
Why Choose Arslan Advocaten for Your VOG Case?
Arslan Advocaten has extensive experience in handling VOG cases, combining expertise in criminal and administrative law. Our dedicated attorneys assist clients across the Netherlands, operating from our offices in Rotterdam, Amsterdam, The Hague, Utrecht, Eindhoven, and Tilburg.
We understand the importance of a VOG in your professional and personal life. A refusal can feel like a setback, but with the right legal approach, it is often possible to overturn the decision or at least mitigate its impact.
Our team is committed to providing clear, accessible advice tailored to your situation. We offer a free consultation to discuss your case without any obligation. Contact us today to learn how we can help you secure your VOG and protect your employment prospects.
Frequently Asked Questions
Will my employer be informed if my VOG is refused?
No, Justis does not inform your employer. You can therefore apply without risk of your employer learning about your past.
How long does a VOG objection procedure take?
On average 2 to 3 months. An appeal at court can take 6 to 12 months.
Can I qualify for subsidised legal aid?
Yes, if your income and assets are below the thresholds. For the lowest incomes, you pay only €188 personal contribution. We assess this for you.
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