Two weeks ago, ETF joined its Dutch affiliate FNV to observe a court case in the East of the Netherlands involving a truck driver who had been living in his truck for months without receiving his pay. The court has now ruled in the driver’s favour.
After seven months of work across Western Europe and living in his vehicle, Muhammad, a driver from Tajikistan, stopped his truck at a Dutch parking area in protest and contracted Dutch affiliate FNV. He did so because his employer was not respecting pay requirements, refused to share pay slips, forced him to sleep in his vehicle nonstop and did not allow him to go home. Holding the truck became his only way to put pressure on his employer to pay what he is legally owed.
Instead of opening a dialogue or sharing the demanded remuneration documentation, the Lithuanian transport company requested the Dutch and Lithuanian police to start an investigation to get Mohammad removed from his vehicle. However, the Dutch police saw no reason to remove Mohammad from his vehicle and concluded a civil retention right.
The employer brought the case to a Dutch court in the framework of a so-called “urgent procedure”, demanding that he return the truck and its cargo, and the requested financial penalties. With the support of FNV, which provided him with legal assistance, Muhammad filed a counterclaim for his unpaid wages and daily allowance. Under EU rules, posted drivers can bring wage claims before courts in a Member State where the transport work has taken place. Mohammad not only claimed his unpaid salary and daily allowance under Lithuanian law, but he also requested additional compensation under the EU Posting of Workers Directive for the hours he worked outside Lithuania, amounting to a total of 1,348 hours. This resulted in a gross salary claim of 19.519,04 euros and a net daily allowance of 13.054 euros.
The court has now ruled in Muhammad’s favour, rejecting all claims of the company and ruling in favour of Mohammad’s counterclaims. The Dutch court confirmed that the driver was entitled to exercise his right of retention, meaning he could keep the truck as leverage until his wages were paid. The court ordered the transport company to pay the outstanding salary and daily allowance as demanded.
This ruling sends an important signal from the Netherlands to exploited drivers in Europe: “justice can be done”.
This case is far from isolated. There are potentially thousands of similar situations across Europe, and by spending just one day visiting truck parking areas, anyone can glimpse the widespread exploitation of third-country drivers.
It is time for Europe to act. Stronger enforcement capacity is urgently needed, alongside stricter rules to guarantee equal treatment, fair pay, rights and benefits for third-country nationals. Addressing fake posting, regulating labour intermediaries, and regulating abusing subcontracting chains are just some of the essential measures needed to tackle this growing wave of social dumping in the road transport sector.
Read more here:
Read the court ruling here
ETF article on the court case
