In the Netherlands, almost 1.7 million people work in healthcare. And still there is a major staff shortage. The staff shortages in healthcare bring new challenges for administrators and HR professionals. In practice, we see that this, for example, leads to hiring healthcare workers who later turn out not to be so suitable for healthcare. In this blog series, we address various employment law issues you may encounter from the application process to the end of employment.
What is a VOG and when are you required to request a VOG from healthcare workers? And can a VOG be included as a resolutive condition in the employment contract?
As a healthcare institution, you must check whether the way the healthcare provider functioned in the past does not pose an objection to providing care to your clients (the duty of verification). This prevents you from employing someone who is not authorized or competent. One way to check this is by requesting a VOG for the healthcare provider. In some cases, this is even mandatory.
A VOG is a certificate showing that the judicial history of a healthcare provider does not pose an objection to performing a specific function within healthcare. When assessing a VOG application, Justis checks whether there are criminal offenses that may pose a risk for working with clients. Examples include assault, threats, sexual abuse, or theft and fraud in a professional context. Not every criminal offense automatically poses an objection to providing care. It is assessed whether it presents a concrete risk for performing the specific function for which you request the VOG.
For some healthcare institutions, requesting a VOG is legally required, such as for:
This obligation also applies to self-employed workers, temporary workers, and seconded staff who have contact with clients. For interns and volunteers, a VOG is not mandatory.
Even if it is not mandatory, we recommend requesting a VOG. It helps healthcare institutions ensure that the (judicial) history of an applicant does not pose an objection to providing care. A VOG does not guarantee safety. Therefore, it is important to always combine requesting a VOG with other verification methods, such as requesting references.
The healthcare institution takes the first step in applying for a VOG for an employee. This can be done in two ways:
The healthcare institution where the healthcare provider will work is always responsible for checking the authenticity of a VOG.
If you discover a false VOG, always report this to the Public Prosecution Service via the police and to the Health and Youth Care Inspectorate (IGJ) via the form “Other reports” under “Submit a report about healthcare.”
Reporting is important because:
Normally, a decision on a VOG follows within one month after the application. Sometimes, employer and employee cannot wait for this decision. In those cases, a resolutive condition is often included in the employment contract. This usually states that the employee must provide a VOG within two months after signing the employment contract or after starting employment. If the employee does not do this, the employment contract automatically ends (by operation of law). It is important that the employee has sufficient opportunity to apply for the VOG and that a VOG is necessary for performing the function of the relevant employee.
Do you have questions about employment law in the healthcare context? Then contact Sietske Bos, employment law attorney, or Ymke Stam, employment law legal assistant, both frequently working for healthcare organizations
Blog series HR in healthcare
Would you like an overview of updates and blogs in your mailbox every month? Click here to subscribe to the newsletter!
