Five Years After the Mobility Package
It’s been five years since the EU adopted Mobility Package 1 – a comprehensive set of rules designed to promote fair competition among transport operators and improve pay and working conditions for professional drivers in Europe. Since then, the COVID-19 pandemic put the road transport sector to the test. Drivers faced increasingly harsh conditions: isolated in their vehicles, far from their families, driving longer hours with fewer breaks to keep essential goods moving. Unsurprisingly, many long-distance drivers chose to leave the profession.
To fill the growing gap, operators turned to large-scale recruitment of drivers from third countries. But instead of solving the problem, this has created a new crisis. Many of these drivers face exploitation and treatment alarmingly close to human trafficking. In this context, the rules adopted in 2020 are more relevant than ever. The EU must act decisively to enforce them – not only to protect vulnerable workers from abuse, but also to uphold fair competition for companies that play by the rules.
To address these pressing issues, the European Transport Workers’ Federation (ETF) organised a conference in Brussels in the middle of April, focusing on the posting of workers and the growing role of third-country nationals in road freight transport. The conference brought together key stakeholders to shed light on these persistent issues – particularly the exploitation of third-country drivers and the ongoing struggle to uphold decent working conditions across Europe’s road transport sector. Present at the conference were stakeholders from the EU institutions, European Labour Authority, European trade unions, employers’ organisations, national labour inspections, academics and many more. In total, the conference gathered a targeted audience of more than 60 participants, which shows the great interest in these urgent challenges.
Morning session: Posting of workers
The morning session focused on the EU legislation concerning the posting of workers, which aims to ensure a level playing field for all operators involved in road transport across Member States, regardless of their country of establishment or worker recruitment origin. Participants shared hands-on experiences implementing the posting rules, including insights from driver interviews and an academic analysis of key aspects of Lex Specialis.
The first speaker of the day was Michael Wahl from Fair Mobility – an advisory network of the German Trade Union Confederation (DGB) which provides information and legal support to workers from Central and Eastern Europe in their native languages. Wahl described the road transport sector as deeply unfair, where employers who follow the rules are undercut by those who exploit drivers and bend regulations. Drawing on Fair Mobility’s work with thousands of drivers, he highlighted how workers are routinely pressured into signing contracts they don’t understand, effectively giving up their rights. Sleeping in truck cabins remains widespread, often “consented to” through coercive letters of intent. Wahl stressed that labour law violations are systemic, and Grafenhausen is just one example of a broader exploitative model. He noted that despite the Mobility Package, wages and conditions for posted drivers have not improved. Paying drivers mainly in daily allowances is still the norm, and enforcement is weak, with key issues like wage checks largely ignored.
Frederic De Wispelaere from KU Leuven highlighted a critical yet often overlooked aspect of enforcing the EU Mobility Package: the role of so-called “letterbox companies.” These companies, often set up in low-regulation jurisdictions, are used to circumvent labour and transport rules. In his presentation, De Wispelaere shared data showing the limited number of inspectors and inspections in the road transport sector, underlining the severe lack of staffing for proper enforcement. He stressed the importance of gaining clear insight into how many inspectors are specifically assigned to monitor compliance with posting rules.
The third speaker, Annelie Buntenbach of the German Fair Mobility support network, emphasised the need for permanent EU funding for trade union-related support and advice structures for cross-border mobile workers and labour migrants. She highlighted the unique capacity of trade unions to identify violations, raise alerts, and provide expert guidance on labour rights, and strengthen enforcement across borders. Buntenbach also called for enhanced cooperation with the European Labour Authority (ELA) and a stronger mandate for the authority. She pointed out the imbalance in EU financial support, whereas employers have access to almost EUR 100 million per year, while there is no such offer for employees.
Key conclusions from the session:
The discussions highlighted two key issues: firstly, that fair jobs barely exist in the road transport sector, and secondly, that employers who comply with the rules are often placed at a competitive disadvantage, losing out to those engaging in unfair practices. As a result, the following conclusions were drawn:
Afternoon session: Third-country drivers
The afternoon session focused on the growing exploitation of third-country drivers in the European road transport. Many of these workers are subjected to conditions that amount to modern slavery, facing legal loopholes, poor enforcement, and a lack of protection that enables their ongoing abuse. The session featured compelling driver testimonies and input from both workers’ rights advocates and industry representatives, highlighting how fair working conditions and fair competition are deeply interconnected.
Edwin Atema, from the Road Transport Due Diligence Foundation, shared powerful case studies and firsthand observations from his visits to truck parking areas across Europe. He reported that: drivers who become informed about their rights are often dismissed or removed from their trucks as a control tactic; employers provide falsified documentation such as hotel stays, instructing drivers to lie about their accommodation while forcing them to sleep in their vehicles; driver cards are removed from tachographs over the weekend and reinserted on Mondays again to falsify compliance.
Drivers from Central Asia bravely shared their stories of human trafficking, withheld wages, lack of access to healthcare, and unsafe or non-existent housing. Their testimonies were met with a standing ovation, underlining the urgency of the issue.
The CEO of the Nordic Logistics Association, Torsten Laksafoss Holbek, presented a contrasting picture, sharing how fair practices can work in practice. The presentation emphasized the importance of enforcing the Mobility Package as a cornerstone of fair competition, joint initiatives and community engagement, including school visits, in attracting young people to the sector. He expressed regret over the removal of the truck return provision, which was a measure that threatened letter-box companies, but expressed satisfaction that the rest of the Mobility Package remains intact. He stated that the return of the driver and cabotage rules are among its most crucial provisions in the package.
Lastly, representatives from the European Commission were present and shared their perspectives on the current regulatory landscape.
Third-country drivers remain among the most vulnerable in the road transport sector, with many facing conditions like modern slavery. Widespread exploitation is made possible by weak enforcement and the manipulation of legal loopholes, leading to systemic violations of drivers’ rights across Europe. While awareness and empowerment are essential, drivers who seek to understand or assert their rights often face employer retaliation. Key points raised during the session included:
ETF conclusions & next steps
One clear takeaway from the conference was the united call for stronger enforcement of the Mobility Package. The participants, including trade unions, employers, labour authorities demanded not only improved tools and resources for enforcement, but also proper support for trade unions, which play a key role in flagging violations and offering expertise on workers’ rights.
ETF and its affiliates also voiced strong opposition to any initiatives that prioritise simplification of the law over decent working conditions and labour rights. This includes specific concerns about the recommendations in the European Commission’s recent study on safe and secure parking areas.
In addition, the ETF highlighted a serious gap in data transparency. Under EU cabotage rules, the European Commission is obliged to collect and publish data on driver attestations by Member State. However, no new data has been released since 2022. The ETF is therefore calling on the Commission to urgently publish data for 2023 and 2024 – information that is crucial as ETF together with IRU are developing a joint position on the employment of third-country drivers.
The dialogue with the European institutions must continue. As a follow-up to the conference, the ETF plans to request high-level meetings with both DG EMPL and DG MOVE. These discussions will focus on key issues such as the application of posting rules, the enforcement of Mobility Package, and third-country nationals. The ETF also intends to invite the European Commission to a visit of a truck parking area, to see first-hand the challenges faced by drivers on the ground.
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