In this article we explain how and why we request certain information from you for completing De Bouwpas. In addition, we refer to a number of websites of government agencies with regard to laws and regulations in the field of registration. Here you will find, among other things, why we are allowed to register certain data.
About the privacy of you and your staff
With the advent of the GDPR, many questions are being asked as to why so much workforce data is collected, and whether or not collecting all that data is allowed. De Bouwpas has been appointed by the main contractor not to collect too little, but not too much data from you and your staff: just enough to comply with the current laws and regulations.
De Bouwpas then ensures that this data is stored securely and is only accessible to those who are entitled to do so. Nothing has changed since the GDPR: there is a good explanation for all the data requested in De Bouwpas, which is based upon the current legislation. Therefore, we further explain the requested information in this article.
Obligations for 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 bases for this are, among other things, the Chain Liability Act (WKA), the Approach to Apparent Constructions Act (WAS) and the Foreign Nationals Employment Act (Wav). To better streamline this control and administration, the main contractor uses the online workforce registration system De Bouwpas.
To determine the identity of the hired worker, the following information must be provided:
- Name, address and residence details
- Date of birth
- Social Security Number (SSN)
- 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 statement, residence permit,
work permit, notification or model agreement including number and period of validity
- Name, address and place of residence of the temp agency and the registration number of the agency at the Chamber of Commerce
Social Security Number (SSN)
Employers were not allowed to provide the SSN of their employees to third parties until January 1, 2017, unless the employees had given explicit permission. Since that date, an implementation regulation has been amended, whereby the agency or subcontractor is obliged to provide the SSN of the employees deployed at work to the hirer / contractor.
The workers need to identify themselves on the construction site, before starting work. When verifying the employee's identity, using the passport or ID card, the SSN is checked with the SSN registered in De Bouwpas. There is a legal basis for this and the employee can not refuse this.
Everyone who is employed by a Dutch company has a SSN, which is why it is a mandatory field in De Bouwpas if you work for a Dutch company. The SSN is stated on the Dutch passport or ID card. Workers outside of The Netherlands do not have a Dutch SSN, but the main contractor would like to see proof that the Social Security Number you enter is actually for the worker you register.
Does the worker come to the Netherlands for less than 4 months? Then he/she can register as a non-resident in the Basisregistratie Personen (BRP: Personal Records Database). He/she needs to do this at a municipality with a counter for non-residents. After registering, the worker receives a Social Security Number (SSN).
Everyone who receives a Dutch SSN from abroad will receive a written confirmation. You can upload this confirmation in the 'SSN certificate' field.
Employees always need to show a valid ID when they are working on a construction site. Does the Inspectorate SZW ask you to confirm the identity of a worker? Then you need to provide a copy of the identity document within 48 hours. A driving license is not a valid identity document to establish identity at the start of the employment relationship. The driving license does not state anything about nationality and residence status.
A1 of WASP
With an A1 statement you demonstrate that the payment of social contributions has been arranged in another country. However, it is possible that the main contractor wants more certainty from you on how you have arranged this payment, while an A1 does not apply. In that case, the main contractor may (for the assessment) request an Employer's Social Contribution Statement (WASP). This is a document that you, the employer, draw up yourself, in which you state how you pay these premiums for this person.