Duty of care for employers to register migrant workers

Minister van Hijum is going to impose a duty of care on employers to register migrant workers in the BRP.

BRP

Labour migrants lawfully residing in the Netherlands and planning to stay here for more than 4 months must register as residents in the Basisregistratie Personen (BRP) in the municipality where they live. For shorter stays than 4 months, they can register with a RNI counter (Non-Residents Registration), to obtain a Citizen Service Number (BSN) via that route.

The exact whereabouts of several hundred thousand migrant workers are not clear. This makes these people inaccessible to the authorities. However, there are also disadvantages for the labour migrant of not registering (or incorrectly registering) in the BRP, in particular because no care insurance can be taken out and certain social benefits cannot be claimed.

Lender get promotion duty

The through a note of amendment On the Wtta bill (Labour Force (Admission) Act) in the Waadi (Law on allocation of labour forces by intermediaries) promotion obligation to be included focuses on hirers. Indeed, this sector accounts for the majority of migrant workers.

The promotion obligation means that the lender must promote the (correct) registration in the BRP at the start of the migrant worker's employment.

In addition, employers will eventually be given the responsibility to actively ensure that a labour migrant has registered in the BRP. And consideration is being given to introducing a reporting obligation under which an employer must report to an authority (e.g. the municipality) if it suspects that a labour migrant is not (correctly) registered.

There will be no public-law supervision and enforcement. However, the minister does intend to make the obligations part of the covenant he will conclude in the spring as part of the ‘Work in NL‘. Through Work in NL, among others, efforts will additionally be made to raise awareness among migrant workers.

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