De toepassing van Nederlandse caoos op buitenlandse chauffeurs in het goederenvervoer over de weg - Op de viersprong van transportrecht, arbeidsrecht, vrij verkeer en IPR (The Application of the Dutch Collective Agreements to the Employment Contracts of Foreign Truck Drivers Active in the Transport of Goods by Road in the Netherlands On the Intersection between Transport Regulation, Labour Law, Free

Abstract

Dutch transport companies make use of foreign truck drivers for their transport services through different employment modalities, such as use of temporary agency work, subcontracting and intra-concern transfers. The report, commissioned by the social partners in the road transport sector and finished in December 2008, examines the effect of these employment modalities on the application and enforcement of the Dutch collective agreements for the transport by road sector. In doing so, it describes the interaction between the rules on transport (national and European), free movement of services, EU choice of law and national collective agreements. Though the rules have changed since the report was published, the problems with regard to the interaction of these legal areas are still highly topical. Therefore, on request, the report is made publicly accessible in March 2017. Part 1 describes the legal framework of transport of goods by road. This overview is meant both to identify possible connecting factors for the regulation of employment and to test the legality of the employment modalities used in practice. Part 2 focuses on issues of private international law. It discusses the law applying to the contract, the application of overriding mandatory provisions and the status of collective agreements in private international law. Part 3 explores how applicable Dutch collective agreement provisions can be enforced, within the framework of European law.