Are you going to work in Portugal? Find out here what rules and laws apply.
In this article, we explain how and why we ask you for certain data when you fill in Oribi WorkpassID. We also refer to a number of government websites about the laws and regulations on registration. Here you can read, among other things, why we have to register certain data.
About your privacy and that of your staff
Since the GDPR (General Data Protection Registration) came into force, many questions have been asked about why so much data is collected about workers, and whether this is actually permitted. The Organisation has appointed WorkpassID to collect neither too little nor too much data about you and your staff: just enough to comply with laws and regulations. WorkpassID then ensures that this data is stored securely and is only accessible to those who are entitled to it. This has not changed since the GDPR: all data requested in WorkpassID has a basis (justification), and that basis almost always lies in legislation. In some cases, the basis (justification) is safety. That is why we explain the requested information in more detail on this page.
Are you interested in our privacy policy? You can find it here: Privacy statement
Obligations for the Organisation
The Organisation is required to verify the identity of the workers who work on its projects and to keep records of this. The legal bases for this include the Wet Ketenaansprakelijkheid (WKA, Dutch Chain Liability Act), the Wet Aanpak Schijnconstructies (WAS, Dutch Act on Tackling Sham Arrangements) and the Wet arbeid vreemdelingen (Wav, Dutch Foreign Nationals Employment Act). To streamline this verification and record-keeping, the Organisation WorkpassID.
To establish the identity of the hired-in worker, the following data must be provided:
name, address and place of residence
date of birth
BSN (Dutch citizen service number)
specification of the hours worked (depending on the agreement you have with the Organisation)
nationality
type of identity document, number and period of validity
where applicable, the presence of an A1 certificate (EU social security coverage), residence permit
work permit, notification or agreement (or modelovereenkomst, model agreement approved by the Dutch tax authority), including number and period of validity
name, address and place of residence of the lending company, and its registration number with the Kamer van Koophandel (KvK, Dutch Chamber of Commerce)
Belastingdienst: liability for wage taxes in subcontracting
BSN
Until 1 January 2017, employers were not allowed to provide their employees’ BSN (Dutch citizen service number) to third parties unless the employees had given explicit consent. Since that date, an implementing regulation has been amended, which requires the lending company or subcontractor to provide the hirer or contractor with the BSN of the employees it deploys on the job. Workers must identify themselves at the work location before they start work. When the employee’s identity is checked against their passport or ID card, their BSN is compared with the BSN registered in WorkpassID. There is a legal basis for this, and the employee cannot refuse.
Explanation from the Autoriteit Persoonsgegevens (Dutch Data Protection Authority)
Implementing regulation on the mandatory use of the BSN
Foreign workers with a BSN
Everyone employed by a Dutch company has a BSN, which is why it is a mandatory field in WorkpassID if you work for a Dutch company. The BSN is shown on a Dutch passport or ID card. Foreign workers do not have a BSN in their passport or ID card, but the hiring Organisation would still like to see proof that the BSN you enter actually belongs to the worker you are enrolling. Anyone who is not a Dutch national can apply for a BSN.
Is the worker coming to the Netherlands for less than 4 months? Then they can register as a non-resident in the Basisregistratie Personen (BRP, Dutch Personal Records Database). They do this at a municipality that has a desk for non-residents. After registration, the worker receives a BSN.
How do I get a BSN? (Rijksoverheid, Government of the Netherlands)
Anyone abroad who receives a Dutch BSN receives written confirmation of this. You can upload this confirmation in the field “Proof of BSN”.
Are copies made of identity documents? Read more.
Valid identity document
Employees must always show a valid identity document when they are working at a work location. Does the Nederlandse Arbeidsinspectie (Netherlands Labour Authority, formerly Inspectie SZW) ask you to “establish the identity of an employee”? Then you must provide a copy of the identity document within 48 hours. A driving licence is not a valid identity document for establishing identity at the start of the employment relationship. This is because a driving licence does not state nationality or residence status.
A1 or WASP
With an A1-verklaring (A1 certificate, EU social security coverage), you officially demonstrate that the payment of social security contributions is arranged in another country. However, the Organisation may want more certainty about how you have arranged these payments, even when an A1 does not apply. In that case, the Organisation may ask (during the assessment) for a Werkgeversverklaring Afdracht Sociale Premies (WASP) (employer’s statement on social security contributions). This is a document that you, the employer, draw up yourself, stating how you pay these contributions for this person.
Read more about the A1 certificate here.
Email address and mobile phone number
For safety reasons, it is important that it is possible to communicate with the worker (at the work location), for example about safety. With a unique email address and mobile phone number, an account can be created for each individual worker. This is possible with the Oribi WorkpassID app.
To log in securely and easily, workers must be registered in WorkpassID with their email address and mobile phone number. Some clients make use of the WorkpassID app mandatory. This is often because it is the only way to verify identity remotely.