The bpost company is considering a civil suit in the lawsuit initiated by the Mechelen labor court against the GLS and PostNL courier services. This became evident during the preliminary hearing in Mechelen Assize Court on Friday.
Courier services GLS and PostNL are being sued by Mechelen’s labor auditor for social fraud involving drivers delivering packages to companies. The court in Mechelen has evidence of unauthorized structural work and abuse of private employer status, and as a result both companies have not paid much of their employer contributions. Both companies and some subcontractors have been called up.
On Thursday evening, the Belgian transport association BTB-ABVV announced that it will file a direct subpoena against the two companies. I did, but one fetch command is uploaded to different files, and the procedure requires a separate recall command for each file. In addition, the party who files a direct claim must also pay a shipment to the court, so that no further arguments can be made on Friday morning. BTB-ABVV must submit its subpoena for each separate file and transfer the filing by June 18th.
A direct summons differs from filing a civil party. “BTB-ABVV wants to go further than the business hall and hopes through its business that the two companies will adapt the way they operate,” says Tom Peters of BTB-ABVV.
ACV Puls has also filed a civil suit. “The self-employed situation is eroding here,” says Roel Dessin, their advisor. “We hope these practices stop after this measure.”
A notable presence at civil party banks has been the attorney who worked for bpost, a direct competitor of GLS and PostNL. He said: “We noticed this procedure only three days ago, and we are looking at whether we will file a civil case or will also proceed with a subpoena.” “It is still too early to make any statements about this now.”
On June 18th, it will check whether all the direct calls are in order. Labor auditor Gianni Reale has also announced that by then 14 additional files will be initiated against other sub-contractors, GLS and PostNL.
A new introductory session is scheduled for September 17th. Then the defense can take a position on the additional subpoena and its admissibility.
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