The Dutch Labour Inspectorate has found more than 180 violations in a month and a half at companies in the flash delivery and a platform they used. In almost all cases, illegal labour was involved. The two flash delivery companies involved and the platform have received a fine report for this.
The Labour Inspectorate found the violations in the period from the end of March to mid-May 2023. During checks in various cities in the country, people were found who were not authorised to work in the Netherlands. The flash delivery companies had not applied for a work permit for them. The Labour Inspectorate then checked the administration in the months that followed to see if this happened more often and that it did. Allowing people to work illegally is a violation of the Foreign Nationals Employment Act (Wav). The flash delivery companies have therefore received a fine report.
The constructions with which deliverers were working illegally at the flash delivery companies in a number of cases are striking. For example, one of the companies applied a construction in which the staff lent to itself via various BVs. Due to this construction, the consequences for the flash delivery company are even greater. The Labour Inspectorate can impose a fine per company that is involved in the illegal employment, including the BVs.
The Labour Inspectorate also sees violations by a platform. Delivery people were working for the flash delivery companies via the platform with a student residence document. With such a document, working as a self-employed person is permitted for a certain period and no work permit is required. However, the Labour Inspectorate sees on the basis of assignments and a relationship of authority that there is no question of self-employment, but of an employment relationship. The platform should therefore have arranged a work permit. That was not the case in this case and that is why the platform received a fine report. This also applies to the flash delivery companies that had these people working for them. These companies are also responsible for ensuring that all workers who work for them are legally working.
In practice, the platform has made workers available to the flash delivery companies, while the company is also not registered as a company that is allowed to lend out. That is a violation of the Law on the allocation of workers by intermediaries (Waadi).
Source: www.emerce.nl
