25 lorries were inspected during a comprehensive traffic check in Moerdijk last week. 8 illegally employed drivers were identified, 5 of whom worked for 1 company. This carrier is originally from Lithuania and has a branch in the Netherlands. This transport company was targeted in response to a report that it frequently worked with drivers from outside the EU and that the Dutch branch was suspected of being a sham.
The drivers were from countries such as Uzbekistan and India. They had been employed without the required work permit. That constitutes a violation of the Foreign Nationals (Employment) Act (Wav). Inspectors also encountered drivers working illegally for other companies, such as a driver from Angola working through an unlawful secondment arrangement. His secondment had not been reported, which constitutes a violation of the regulations set out in the Mobility Directive on the secondment of lorry drivers.
Sham company branch
Inspectors found an empty office space at the Dutch branch's business address. This confirmed the reported presence of a possible sham branch. In cooperation with the European Labour Authority (ELA), foreign observers from various countries and services attended this international 'targeted inspection'.
Officials from the Netherlands Labour Authority and the police's national expertise and operations unit also visited the transport company's headquarters in Lithuania the day after the inspection in the Netherlands, in cooperation with national inspectorates. More evidence of illegal labour by a large number of drivers was obtained in the process.
Violations
Besides the Wav violations, there have also been several indications of violations of the Minimum Wage and Minimum Holiday Allowance Act (WML). Investigations into labour relations and whether workers are paid correctly according to Dutch labour laws are now ongoing. The National and International Road Transport Organisation (NIWO) has started the revocation procedure for all transport licences of the Dutch (sham) branch.
European cooperation
The targeted inspection was carried out in cooperation with the national police unit, NIWO, the Environmental and Transport Inspectorate and the RDW, within a partnership named Roadpol. Roadpol organises action weeks several times a year with the cooperation of the ELA, police forces and inspection services at European level to draw extra attention to matters such as safety on European roads. The ELA is an European agency that supports cooperation between EU member states on fair labour mobility and social security.