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Certificate of Conduct
When you take up a new job, you may be requested to submit a Certificate of Conduct (VOG). A Certificate of Conduct is even mandatory for certain jobs, such as that of taxi drivers, security guards, or in the field of education. It is obligatory for your employer to request you to submit a Certificate of Conduct. This also applies to some volunteer positions.
The Screening Authority of the Ministry of Justice and Security (Dienst Justis) shall examine your criminal record if any, to establish whether there are any grounds on which you may be denied a Certificate of Conduct. Not every negative registration will lead to a refusal. It also depends on the nature of the registration and the position you wish to hold. In case the Screening Authority of the Ministry of Justice and Security makes the finding that a Certificate of Conduct cannot be issued to you, you will receive a refusal notice. You may respond to this in the form of an opinion. If thereafter, the Screening Authority of the Ministry of Justice and Security persists in its refusal, it is possible to lodge an objection against such refusal to issue a Certificate of Conduct. In emergency cases, for example if your contract is likely to be terminated unless you submit a Certificate of Conduct, it is also possible to file emergency proceedings for a preliminary injunction before the court even during/when the objection proceedings are ongoing.
Have you received a refusal notice and do you wish to submit an opinion? Or would you like advice on the possible options and the prospects of success of initiating proceedings against the refusal? If so, please contact us (LINK).
In some cases, a legal entity must also be required to submit a Certificate of Conduct. For example, to conclude certain contracts or to join a trade association. We can also assist you if your legal entity is refused a Certificate of Conduct.