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Withdraw transport license in case of social fraud

To prevent abuses in the transport sector compliance and enforcement should not only be applied in the social field. After the uncovering of an artificial arrangement, for instance, the penalty must be the withdrawal of the license that regulates the entrance to the sector.

That is what Jan Cremers (Tilburg Law School) argued at the Dutch parliamentary committee for social affairs and labour on 23 November 2016 in a round table dedicated to abuses in the transport sector.

Cremers started on request with a short overview of existing malpractices:

  • the abuse of (foreign) social security certificates (the so-called A1-form),
  • irregularities with rest and working time and the tachograph,
  • the denial of the existence of a labour relation (through bogus self-employment or the use of foreign intermediaries),
  • the use of artificial arrangements (such as letterbox companies), and
  • the lack of serious assessment on the genuine character in the licensing procedure.