Inspectorate slams transport companies for sham constructions

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Editorial
06 December 2016
2 min

The Environment and Transport Inspectorate (ILT) shut down a transport company in Roosendaal this weekend due to sham constructions and lack of a licence. Another transport company from Nijmegen allegedly made foreign drivers work under harsh conditions.

The ILT, together with the Inspectorate SZW, the National Police Unit and customs, held an enforcement action at three transport companies. These actions should reveal whether companies exploit drivers, whether they work in violation of the licensing system and whether there are any sham constructions. One company from the municipality of Westland was assessed properly, the other two companies did not comply with the rules, according to ILT.

The Roosendaal-based company allegedly drove on other people's licences and did not have a licence to drive trucks itself. It also drove with illegal red diesel and did not keep driving and rest period records.

Sixty per cent of companies in breach

The ILT included company records in its actions, which should reveal whether the companies comply with the Working Hours Act, Minimum Wage Act, Working Hours Decree on Transport, Road Goods Transport Act, Transport of Dangerous Goods Act and the Working Conditions Act. In 2016, 47 transport companies received visits from the inspectorates. As many as 60 per cent of the cases involved sham constructions or other abuses.

Adjustment to the Act on tackling fictitious constructions

In order to prevent exploitation of drivers and sham constructions at transport companies, the Wet Aanpak Schijnconstructies ( WAS) was recently debated in the Lower House. This law ensures that not only employers are held responsible for paying correct wages to their employees, but also principals. The law previously did not apply to work under a transport or forwarding agreement. A thorn in the side of the transport industry, as this is precisely where a lot of exploitation occurs. With the agreement of the Senate, road transport has now been added to the law. From 2017, fair payment can therefore be better enforced.

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