Hungarian drivers must receive Dutch wages: ‘Exemplary case in principle’

“Ten years ago we started handing out flyers at the fence, we worked hard for this,” says Edwin Atema of FNV. “This case allows us to file lawsuits against other companies faster, we have a number of them in the pipeline as well.”

Atema is happy that it worked, but is sad that it had to take so long. “This has had a big impact on the lives of drivers. You lose your job if you come to get your rights. That’s why we are so happy, this shows drivers that they have rights and can fight. For one it was too late, he’s already dead.”

mock constructions

Beryl ter Haar, professor by special appointment of European and comparative labor law at the University of Groningen, knows that these kinds of sham constructions are more common in European companies. “That’s how they keep total labor costs low.” According to Ter Haar, these sham constructions are not only undesirable for labor migrants, who receive a considerably lower salary as a result, but the Netherlands also misses out on tax revenue.

Ter Haar finds it difficult to be optimistic about the statement: “It is a very clearly formulated statement that explains well what the drivers’ ‘country of work’ is. But precisely because it is so clearly described why Hungarian drivers should pay Dutch wages. I see it so happen that companies adapt their way of working. For example, if it is important that the HRM manager is in Hungary, then he can be moved to Hungary.” It is therefore possible that this statement leads to new sham constructions.

Economic gain

According to Ter Haar, real solutions must come from the EU, because Dutch legislation would hinder the free movement of the European market, and that is not allowed.

Ter Haar: “It is up to the Member States together to ensure at European level that we have a number of equal conditions for employees. As long as economic gain comes before the well-being of the employees, that will be difficult.”

–