In this article, we explain how and why we request certain data from you to fill in Bouwpas. In addition, we refer to the websites of government agencies regarding registration laws and regulations. Here you can read, among other things, why we need to register certain data.
On your privacy and the privacy of your staff
Since the implementation of the General Data Protection Regulation (GDPR), people are wondering why so much data is being collected from workers, and whether this data collection is legal. Bouwpas has been appointed by the main contractor to collect sufficient data from you and your workforce: just enough to comply with laws and regulations. Then, Bouwpas ensures that this data is stored securely and can only be viewed by those who are entitled to it. Everything has remained the same since the GDPR is in force. There is an explanation for all the data requested in Bouwpas: compliance with the current legislation. Therefore, we explain below why we request this information.
Obligations of the main contractor
The main contractor is obliged to check the identity of the workers who work on the projects and to keep records of these workers. The (Dutch) legal basis for this includes the Sequential Liability Act (WKA), the Act on Combating Spurious Labour Contracts (WAS) and the Foreign Nationals Employment Act (Wav). The main contractor uses the online labour registration system Bouwpas to better control and manage the collected information.
With the purpose of determining the identity of the hired worker, the following information must be provided:
- Name, address and residence details
- Date of birth
- Social Security Number (BSN)
- Specification of the hours worked (depending on the contract you have with the main contractor)
- Type of identity document, number and period of validity
- If applicable, the presence of an A1 certificate, residence permit,
work permit, notification or model agreement including number and period of validity
- Name, address and place of residence of the hirer and the hirer's Chamber of Commerce registration number
Dutch Social Security Number (BSN)
Employers were not allowed to provide their employees’ BSN to third parties until January 1st, 2017, unless the employees had given their consent to do so. Since that date, an implementing regulation has been amended requiring the subcontractor to provide mandatorily the BSN of the deployed workers to the contractor. Labourers must, before starting work, identify themselves at the construction site. When verifying the employee’s identity, using the passport or ID card, the BSN on the document is checked against the BSN registered in Bouwpas. Since there is a legal basis for this, the employee may not refuse.
Everyone employed by a Dutch company has a BSN. That is why, this field is mandatory in Bouwpas if you work for a Dutch company. The BSN is mentioned on the Dutch passport of ID card. Foreign workers do not have this, but the main contractor would like to see proof that the BSN you fill in belongs to the worker you register.
Is the worker coming to the Netherlands for less than 4 months? Then he/she can register as a non-resident in the Personal Records Database (Basisregistratie Personen BRP). He/she does this at a municipality with a counter for non-residents. After registration, the worker will receive a Dutch social security number (BSN).
Any foreigner who receives a Dutch BSN, will also receive written confirmation of this. You can upload this confirmation in the 'BSN proof' field.
Employees must always show a valid identity document when working on a construction site. Does the Netherlands Labour Authority (formerly Inspectorate SZW) ask you to 'confirm 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 to confirm the identity at the start of the employment relationship. This is because the driving licence does not provide information about nationality and residence status.
A1 of WASP
With an A1 (certificate of coverage), you officially show that the payment of social contributions is regulated in another country. However, it may happen that the main contractor wants more certainty about how you have arranged this remittance, if an A1 is not applicable. In that case, the main contractor may ask (at the time of assessment) for an Employer's Declaration of Remittance of Social Security Contributions (WASP). This is a document prepared by you, the employer, in which you report how you remit these contributions for this person.