Samskip response to FNV allegations and EenVandaag Broadcast
Samskip has taken notice of the fact that the FNV would have reported an official complaint about Samskip to the police and Dutch Ministry of Justice.
Samskip is not aware of this complaint of the FNV as described by EenVandaag, or on what basis these allegations are made. As an equal opportunity employer who highly values compliance to and operates within the Dutch and European law, we do not recognize Samskip in the words of FNV.
Samskip is an international business headquartered in the Netherlands. It is also a multimodal transport operator. This means it combines long distance rail, sea or inland waterway transport with short truck moves for pick-up or final delivery of cargo. Samskip operates within various European jurisdictions and therefore it values compliance to the applicable laws and regulations in these countries.
Samskip finds it important that drivers are paid in accordance with applicable laws and regulations. The responsibility for compliance rests with the employer of the driver. As an employer Samskip takes this responsibility for its own drivers. Samskip expects from their subcontractors that they meet the obligations, also in relation to the working conditions of their drivers. If it is determined that a subcontractor of Samskip does not follow the rules on a structural basis, Samskip will terminate the contract with the subcontractor.
Clearly, there is tension between the free movement of persons and services on the one hand and different levels of salaries and wealth within the EU Member States on the other hand. We believe it is up to politicians, not Samskip, to come up with appropriate solutions to the complex issues arising from this tension.
In 2016 the Environment and Transport Inspectorate (ILENT) inspected a number of companies among which Samskip. Samskip fully cooperated and as far as Samskip was concerned, ILENT's report was almost entirely positive. Only two violations have been identified in relation to missing vehicle data from a (hired) demo truck and a misunderstanding about who was the registered employer of a hired Dutch driver. Samskip has received a fine of approximately 18,000 euros in total. Both infringements and the fine did not relate to exploitation of drivers. Samskip did not receive any other warnings or fines and is constantly in a constructive dialogue with ILENT.
Samskip does not recognize the accusations of forgery by the FNV. Moreover, Samskip has not violated the cabotage rules on a structural basis nor has ILENT fined Samskip for violation of these rules.
Samskip and ILENT did discuss the differences in interpretation of the Directive combined transport with regard to cabotage. Following this discussion, Samskip has developed a customized transport document in close cooperation with ILENT and has implemented this document in its operations.
The European Commission also recognizes that the rules on cabotage and combined transport are partly unclear and outdated. The European Commission is currently preparing new legislation.
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