Van den Bosch Transporten appeal succeeds


2 May 2017 – The 's-Hertogenbosch Court of Appeals passed judgement today in the actions of FNV Trade Union and a number of Hungarian truck drivers versus Van den Bosch Transporten and affiliated companies. The Court has concluded that Dutch terms of employment do not apply in these cases to foreign drivers employed by a foreign transport company, carrying out international transport by order of a Dutch transport company. 


Secondment guideline does not apply
Just as the District Court had ruled in an earlier stage, also the Court of Appeals now found that the foreign affiliated companies which the foreign drivers worked for, are not letterbox companies but perform real activities. Furthermore, there is no evidence that the drivers concerned temporarily worked in the Netherlands. Transports concerned only took place in the Netherlands for a small part but largely abroad. The Court of Appeals therefore concludes that the European Secondment Guideline does not apply here. 

Important step

Van den Bosch Transporten CEO Rico Daandels is happy with the judgement. “The applicability of the Secondment Guideline in international transport has been the subject of much discussion for years. The fact that these proceedings took so long stresses the complexity of the matter. Being an internationally operating company, the Court’s judgement clarifies matters for both us and the entire industry.”

Confidence
Daandels feels strengthened by the Court: “We were systematically accused of exploitation and the use of artificial arrangements by FNV Trade Union. Today’s judgement makes it clear that this is not the case. The judgement confirms that our point of view and business operations were correct regarding this complex matter. As a company, we have regularly been in the news concerning the ongoing court actions over the past years. Therefore we are very grateful to our staff and business relations, that they have always kept full confidence in our company.”

For more information on the judgement, you are kindly referred to the press release of the ’s-Hertogenbosch Court of Appeals.