2 arrests in connection with human trafficking and people smuggling involving restaurant chains

The arrests were made during an international operation coordinated from the Netherlands across several European countries, in which the Netherlands Labour Authority worked alongside European police forces and labour authorities from Belgium, Germany, Luxembourg and Switzerland, with support from Europol.

Discovery of abuses

An inspection carried out by inspectors from the Netherlands Labour Authority revealed serious abuses, with suspicions of organised human trafficking (labour exploitation) and people smuggling, mainly involving Indian nationals, within the restaurant chains concerned. A criminal investigation was subsequently launched by the Investigation Service under the authority of the National Office for Serious Fraud, Environmental Crime and Asset Confiscation.

Work permits

It is suspected that the suspects abused the now repealed Asian Catering Sector Scheme (Dutch) on a large scale. Under that scheme, businesses were able to bring specialist Asian chefs to the Netherlands relatively easily. The investigation reveals that, at the request of the three Indian restaurant chains, more than 70 combined work and residence permits (GVVAs) were issued.

Not a chef, but a dishwasher or cleaner

In dozens of cases, the conditions of the GVVAs are believed to have been breached. For instance, some of the people who came here were not employed as specialist chefs, but as dishwashers, cleaners, servers or restaurant managers. They did not receive the wages they should have been paid according to the application submitted to the IND. The workers were presumably working far more than the permitted 38 hours a week, often 60 to 80 hours a week, spread over 6 or 7 days. They received no extra pay at all for the hours worked in excess of the permitted 38 hours. Investigation by the Investigation Service revealed that this was a systematic practice. The suspects are believed to have gained an unlawful profit of over 4 million euro as a result.

Deliberate breach of the law

Among other things, the investigation focused on whether the suspects deliberately breached the conditions of the permits. In the case of several applications, the suspects reportedly knew at the time of application that one or more conditions would not be met. By deliberately failing to comply with the conditions, the workers in question were residing in the Netherlands illegally and were not permitted to work here. It is therefore suspected that the suspects are guilty of human trafficking and the employment of illegal immigrants.

Labour exploitation

There is also a suspicion of labour exploitation. The workers were recruited, housed and employed by the suspects. Workers were required to carry out heavy physical labour and work long hours, and were presumably underpaid. There is also evidence of the use of so-called debt bondage or coercive penalty contracts in the event of early departure, pressure being put on family members in their home country, and threats of violence.

Joint inspection operation

Inspections were carried out today simultaneously at all restaurants belonging to these chains in the Netherlands and other European countries. The inspections took place as part of the Empact Action Day on Labour Exploitation, an annual week of action during which European law enforcement agencies and labour authorities tackle labour exploitation. A total of 19 inspections took place, 8 of which were in the Netherlands. Various national and international organisations are working together in this context to combat organised crime.

It is not uncommon for inspectors to refer leads to colleagues in the Investigation Service for further criminal investigation. Or vice versa: the supervisory authority carries out checks on the basis of information provided by the Investigation Service. Further arrests in connection with this investigation cannot be ruled out.