The money has not yet been paid to the drivers. According to Edwin Atema of FNV, Cargo24 has deposited €151,000 into the third-party bank account of the drivers’ lawyer. The amount is therefore secured, but can only be transferred to the drivers if there is a court ruling or an agreement with the company.
The update follows legal action brought by the drivers, who are claiming unpaid wages after allegedly working in Western Europe while being formally employed by Cargo24 in Lithuania.
Money secured, but no final ruling yet
Atema told Trans.info that the Dutch court has so far authorised the freezing of funds held in the bank accounts of clients of UAB Cargo24, the drivers’ previous employer. That authorisation formed the basis for the first legal steps in the case.
“The legal action seemed fruitful because Cargo24 has put €151,000 in deposit on the third-party bank account of the lawyer of the drivers,” Atema said.
He added that this type of deposit is not unusual in the Netherlands. However, the money remains secured rather than paid out.
“This money will not go to the drivers at the moment, but it is secured. It will only be paid to the drivers if there is a court ruling or an agreement with the drivers,” he said.
FNV also confirmed that, alongside the financial claim, the drivers have asked Cargo24 to provide pay documentation, including payslips. According to Atema, the company has refused to share the data.
The next legal step, he said, would be to hand over a subpoena.
FNV said it would not disclose where the drivers are currently staying, citing their safety.
FNV says similar cases are now being settled
Lex Lecomte of FNV said the case shows that drivers can pursue claims even in complex cross-border subcontracting chains.
“With cases as this it is shown that justice can be done,” Lecomte told Trans.info.
He said FNV had recently assisted in similar cases involving third-country national drivers employed by companies in Poland and Lithuania. In those cases, drivers stopped their vehicles, retained them and settled their claims with FNV’s help.
“These drivers received sums between €9,000 and €20,000,” Lecomte said.
According to FNV, the wider message is not only directed at drivers, but also at the companies at the top of transport contracting chains.
Read more: Two years in the cab, months without pay
“This not only sends a signal to drivers but also to the clients on the top of these contracting chains,” Lecomte said.
He added that FNV sees different responses from client companies when such cases arise.
“We see client companies who engage to bring remedy and client companies who ignore such as LKW Walter from Austria in the case of the Tadjik driver in the Netherlands who won in court,” he said.
The original case involved four African drivers seeking €232,000 in unpaid wages. FNV has argued that, although the drivers were formally employed through a Lithuanian company, their work was carried out in Western Europe and should have been paid accordingly.
Under Dutch civil procedure, pre-judgment attachment can be used to secure funds before the underlying claim has been decided. Such a measure does not in itself mean that the companies involved have been found liable. In this case, FNV says the attachment has now resulted in €151,000 being secured pending either a judgment or settlement.
