Immigratie- en Naturalisatiedienst (IND)
One of the authorities that you as a host family will have to deal with, is the IND. Every au pair, regardless whether she (or he) is from an EU country or not, should be officially known as an au pair and therefore needs to arrive in The Netherlands via a licensed agency. This regulation is part of the Au pair policy. Not abiding the au pair policy entails an offense of the Vreemdelingenwet (“ Foreignerslaw” ) and the host family risks getting high fines. In case you want to know more about the regulations and the official au pair policy, we refer to the website of the IND. There you’ll find more extensive information about this policy. When you do use a licensed au pair agency, this mediating party will make sure that the arrival of the au pair meets the official requirements as executed by the IND. In case you have not found an au pair agency yet, do take a look at our partners.
Since 2013 a new law is in force, called MOMI. This law intents to provide more security for the au pair and mentions certain duties for the au pair agency and host family. This “duty to care” (zorgplicht) entails an obligation to consider the interests of others, in this case the interests of the au pair. Since both the au pair agency and the host family are obligated to care for the interests of the au pair, risks for the au pair are minimized.
Sociale Verzekeringsbank (SVB)
All au pairs in The Netherlands are considered to be employees by the Sociale Verzekeringsbank (SVB). The SVB means that the relation between host family and au pair can be considered as employment, given the fact that the three factors of employment are present. These factors are: authority, payment and labor. As a consequence au pairs are obliged to have a Dutch Basic Health Insurance (basisverzekering in Dutch) just like every other employee in The Netherlands. Please keep in mind that the benefits of this basisverzekering are usually not sufficient to cover all costs when an au pair needs to get medical treatment in The Netherlands or when she is on a holiday.
Centraal Administratie Kantoor (CAK)
Since Januari 1st, the CAK has taken over some jobs from wat is called Zorginstituut Nederland.
This governmental organisation has to check whether everyone in The Netherlands (who is obligated to have a Basic health insurance) actually has this insurance. In case there is no basic health insurance for the au pair, you can expect to receive a letter from the CAK. They are authorised to give fines to people who don’t meet the obligation to have the insurance.
Who is responsible for the au pair?
In MOMI (short for Modern Migratiebeleid) is determined that the host family and au pair agency, have what is called "zorgplicht". This can be translated as a " duty to care", in this case, care for the au pair. Both host family and au pair agency need to take care of the wellbeing and interests of the au pair. They also need to inform her properly about her rights and obligations. This description of the zorgplicht (which you might even consider vague) make it difficult to give a clear answer to the question mentioned above. A lot is captured in the agreement between au pair agency and the host family. Should it occur that there is no insurance and costs have to be made, the au pair agency and the family both need to take care of the au pair. Therefore you also need to consider the possibility that as a host family, you might have to deal with these expenses.