The following is a brief explanation of how objections relating to legal status lodged by employees of the University of Amsterdam are handled. The provisions of the General Administrative Law Act (Algemene wet bestuursrecht) are used as a practical and procedural point of reference. The General Administrative Law Act can be consulted on the website www.overheid.nl.
If you do not agree with a decision taken in relation to you and that affects your legal status, you can lodge an objection within six weeks of the date of the decision. The notice of objection must be submitted to the Executive Board and must include at least the following: your name and address, the date, the grounds for your objection and a description or copy of the decision against which your objection is directed. The Legal Affairs department will handle your objection on behalf of the Executive Board.
You will receive a confirmation of receipt of the notice of objection. You will be asked if you would like to present the grounds for your objection at a hearing, and may also be asked to provide additional information. The person(s) who took the decision will be asked to submit documentation related to the case and a response to the notice of objection. You will receive a copy of the documents and response.
If you indicate that you wish to present your case at a hearing and the Legal Affairs department deems there are sufficient grounds to do so, it will consult with you to fix a date for the hearing as soon as possible. The person(s) who took the decision will also be invited to attend. Both parties can engage legal counsel to represent or advise them. If you wish to engage legal counsel, you must do so yourself. The hearing will be conducted behind closed doors.
At the hearing, you will have the chance to present your case to the Administrative Committee, consisting of two members, usually lawyers from the Legal Affairs department, who are assisted by a minutes secretary. The person directing the hearing cannot have had any involvement in the decision-making against which your objection is directed.
If your objection relates to a dismissal decision, it will be handled by an external advisory committee. At the hearing you will present your case to this committee, consisting of a chairperson and two members, one of whom is nominated by the joint employees' organisations and the other by the Executive Board. Both members jointly nominate a chairperson, who must be someone whose position does not make them accountable to the Executive Board. The external advisory committee receives administrative support from a lawyer from the Legal Affairs department.
During the hearing you will have a chance to explain your objection. The person(s) who took the decision, or their representative, will also have an opportunity to state their position. Hearing committee members may also ask questions. A report of the proceedings will be drawn up after the hearing.
After the hearing, the members of the administrative committee will consult on how to settle the objection and one of its members will prepare a draft decision regarding the objection. This draft decision is then presented to the Executive Board, which takes a final decision regarding the objection. You will receive a written copy of this decision along with the hearing report.
If an external advisory committee presided over the hearing, it will advise the Executive Board on how the objection should be settled after the hearing. The Executive Board will then take its decision regarding the objection based on this advice. In the event that its decision differs from the committee’s recommendation, the reason for this divergence must be stated on the decision regarding the objection.
If you do not agree with the decision on the objection, you can file an appeal with a court.
There are no costs involved in the objection procedure.
Further information about the Collective Labour Agreement of the Dutch universities (CAO Nederlandse Universiteiten) and other regulations applicable to the legal status of UvA employees can be found in the Terms of Employment keyword list on the staff portal of your faculty or service department.
Send your notice of objection to:
University of Amsterdam
Attn. Legal Affairs
P.O. Box 19268
1000 GG Amsterdam
If you have any questions, please contact:
T: +31 (0)20 525 2736
F: +31 (0)20 525 2875