Action Plan for the Verification Obligation

Action plan for the identity verification obligation

1. Part 1. Check the identity document

   1. Anyone who wants to work for you should be able to identify themselves. You should check this before someone starts working for you. You must check the identity of everyone in your company. This includes:

      • foreign workers,
      • self-employed workers,
      • temporary agency workers,
      • workers who come from another company to work for you, such as a cleaning company or a contractor.

      Fake, forged, damaged or altered documents are not valid as identity documents. Therefore, you should check the following:

   2. Does the worker show an identity document?

      Anyone who cannot show an identity document is not allowed to work for you. Valid identity documents can be a:

      • Dutch passport or identity document
      • Dutch residence document
      • Dutch alien's or refugee passport
      • foreign passport or national identity document

      Other documents, such as a driving licence or copies of identity documents, are not valid as identity documents, and cannot be used to checkif someone is allowed to work for you.

   3. Is the identity document valid, genuine and original?

      Check the date of the identity document

      An expired document is not a valid identity document.

      Check that the document is genuine and authentic

      Check the authenticity of the Dutch identity document (Dutch)

      Check the authenticity of the Dutch residence document

      Check the foreign passport and/or identity document

      If you have doubts about the authenticity or any questions about foreign identity documents, you should contact a company that specialises in checking identity documents. If you have very strong doubts about the authenticity of the document, contact 1 of the 4 ID desks of the Royal Netherlands Marechaussee (Dutch).

   4. Is the identity document damaged or does it show any deviations?

      Possible damage:

      • Cutting marks or traces of glue
      • Illegible or missing sections
      • Damaged photo
      • Manual corrections
      • Colour differences or air bubbles in the cover film.

      If the identity document shows any damage, it is invalid. This may indicate fraud. Advise the owner to apply for a new identity document.

   5. Has the Machine Readable Zone (MRZ) been tampered with?

      

      The machine readable zone (MRZ) is a strip of 2 or 3 lines of letters and numbers separated by the character <. The MRZ repeats data in the document, such as the name. Check that the name in the MRZ matches the name in the document. Also check the font of the MRZ. You can use an original ID card to compare the documents. Deviations can mostly be found in the numbers 1, 3, 4 and 7.

      Correct are:

      1. without serif or bottom stroke;
      3. horizontal top stroke and a round bottom;
      4. open on the right side;
      7. a curved line;
      Letters are slightly smaller than numbers.

2. Step 2. Check the identity

   1. Check that the person in front of you is also the person mentioned in the document.

   2. Is the person in front of you the right person?

      

      Check if the person in front of you matches the photo in the document. Divide the face into 4 parts and look at the shape of the eyes, nose, mouth and chin, for example.

      Also check if the features in the identity document match those of the person in front of you, such as height, eye colour, gender, age and so on.

      You can check the hairline, for example. The hairline always shifts upwards with age. If in the passport photo, which is always older than the person in front of you, the hairline is higher than the hairline of the person in front of you, it is almost certainly not the same person.

      You can also ask the new worker to write a signature, for example on the payroll tax statement or employment contract. Compare this signature with the signature on the identity document.

   3. Is the age correct?

      Check that the age of the person in front of you roughly matches the age according to the document. For example, ask the person for their age instead of the date of birth.

   4. Establish the nationality

      Carefully check the document for the nationality of the person coming to work for you. Persons from outside the EEA or Switzerland must be able to prove that they are allowed to work in the Netherlands (see step 3.).

      Note that the nationality of the person does not always correspond to the country where the document was issued. For example, a person may hold an identity card from an EU member state but have the nationality of a country outside the EEA or Switzerland.

3. Step 3. Check whether someone is allowed to work for you

   1. If you were able to establish the identity, you will now assess whether this person is allowed to work in the Netherlands.

      People with Dutch nationality are allowed to work for you. Persons from the EEA and Switzerland are also allowed to work for you. If the person who wants to work for you does not have the nationality of one of the EEA countries or Switzerland, they must be able to prove that they are allowed to work in the Netherlands.

      If a person has a citizen service number (BSN), this does not automatically mean that this person is also allowed to work in the Netherlands.

   2. People from the Netherlands, EEA and Switzerland

      The identity document shows the nationality of the person who wants to work for you. If it does not show this, ask for another document to establish the nationality. If a person's nationality is not known, they are not allowed to work for you. The person who wants to work for you must then prove through another document that they are allowed to work in the Netherlands.

      If the document states that the person is entitled to work without a work permit, the person is indeed allowed to work for you.

   3. People from outside the EEA with a Dutch residence document

      The back of a Dutch residence document states if this person is allowed to work in the Netherlands. If it does not state this on the back, that person is not allowed to work for you.

      The back of the residence document states the conditions under which a person is allowed to work in the Netherlands. Sometimes, as an employer, you have to do something to make sure your worker meets those conditions. Such as:

      • Applying for a work permit if someone comes to work for you for less than 3 months. You apply for a work permit to the UWV
      • Applying for a combined work and residence permit (single permit) if someone comes to work for you for more than 3 months. You apply for a combined work and residence permit (single permit) to the IND.

      See all possible conditions on a residence document (Dutch)

      Only when all these elements are in order the foreign worker will be allowed to start working.

   4. People from outside the EEA without a Dutch residence document

      In most cases these persons are not allowed to work in the Netherlands.

      Different rules apply to these persons. More information can be found at werk.nl or ind.nl. If you still have questions, contact the Public Information Service.

4. Step 4. Keep a copy of the identity document

   1. In which cases do you have to keep a copy?

      You must keep an electronic or paper copy of the identity document of:

      • people you employ

      • people from outside the EEA and Switzerland who are not employed by you (including self-employed workers)

      This does not apply to persons of Turkish nationality who are allowed to legally reside in the Netherlands.

      You keep this copy for at least 5 years after the end of the calendar year in which the worker left your company. So if someone leaves in May 2019, you will keep the copy until at least the end of 2024.

      If the identity document expires while your worker is still employed by you, you do not have to make a new copy.

      If temporary residence permits or work permits expire, people will not be allowed to work for you until they have a new permit. In that case, check whether the validity of the permit has been extended under the same conditions and/or a new identity document has been issued.

   2. In which cases should you not keep a copy?

      If someone works for you and is not employed by you and is from the Netherlands, EEA, Switzerland or Turkey*, you should not make and keep a copy of the identity document. However, you should check the identity and register the data in your records, but you should not make a copy.

      Keeping a copy of the identity document?

      Nationality	Employed by you	Works for you but is not employed by you
      The Netherlands	You must keep a copy of the ID (paper or digital)	You should not keep a copy of the ID. However, you may record the employee's data in your records. The website of the Dutch Data Protection Authority states which data you record in your records.
      EEA, Switzerland, Turkey*	You must keep a copy of the ID (paper or digital)	You should not keep a copy of the ID. However, you may record the employee's data in your records. The website of the Dutch Data Protection Authority states which data you record in your records.
      Other countries	You must keep a copy of the ID (paper or digital)	You must keep a copy of the ID (paper or digital).

      *This applies to persons of Turkish nationality who are allowed to legally reside in the Netherlands.