Current Claim Status

25-08-2026

EJEP: Risk of 'reflagging' Dutch shipowners is overestimated and no justification for discrimination against seafarers

The Equal Justice Equal Pay Foundation (EJEP), which fights against discrimination against Indonesian and Filipino seafarers in the Ducth shipping sector, is asking the House of Representatives and the Dutch government to take note of the second opinion by SEO Economic Research (SEO) on the report commissioned by the Minister of Infrastructure and Water Management (Minister) and drawn up by HCSS and Deloitte 'The flag register and the country of residence principle, economic and strategic value'.

Threat of changing flags turns out to be unfounded, and the consequences limited
The Dutch shipowners use the 'country of residence principle' to justify that Indonesian and Filipino seafarers are paid two to four times less than colleagues from other countries. Shipowners are threatening to change their flags en masse if they are not allowed to continue their discriminatory practices. Based on their research, SEO (which is affiliated with the University of Amsterdam) concludes that the report by HCSS and Deloitte overestimates the risks of the shipowners changing their flags. EJEP concludes therefore that the threat of the shipowners to give up the Dutch flag is unfounded.

In addition, SEO investigated the possible economic consequences of Dutch shipowners changing their flags. SEO concludes that the effect on the Dutch economy of abolishing the 'country of residence principle' in the remuneration of seafarers is limited or possibly even nil. SEO finds insufficient substantiation for negative consequences for public interests such as maritime safety, sustainability and strategic autonomy.

Human Rights Institute previously ruled: this discrimination is prohibited
On 18 August 2025, the Netherlands Institute for Human Rights (CRM) ruled in two cases on the current practice of Filipino and Indonesian seafarers being systematically paid significantly less than their Dutch or EU colleagues for the same or similar work on the same ships.

The CRM ruled that this application of the 'country of residence principle' applied by the shipowners constitutes prohibited discrimination on the basis of nationality and race on board Dutch ships. The seafarers in these proceedings were supported by EJEP. As announced by the Minister, EJEP has held the State, as well as the shipping companies, liable for the damage suffered by the seafarers EJEP represents.

The Equal Justice Equal Pay (EJEP) Foundation
The Equal Justice Equal Pay Foundation is a non-profit organization. Its statutory purpose is to promote the interests of seafarer s and former seafarers who suffer, threaten to suffer and/or have suffered damage as a result of acts or omissions of one or more shipping companies and/or third parties. In the context of this objective, EJEP stands up for seafarers from the Philippines and Indonesia who are or have been working on Dutch ships since 15 November 2016. EJEP is represented by attorneys from Rubicon Impact & Litigation.

19-05-2026

Disclosure request

We have initiated legal proceedings against Wagenborg, one of the larger Dutch shipping companies, to obtain information that is essential for our case.
Specifically, we are requesting access to all Collective Bargaining Agreements (CAOs and CBAs) applied to Filipino and Indonesian seafarers, crew lists showing the nationalities and roles of seafarers on board, and information about the corporate structure of the Wagenborg group of companies.

In November 2025, we formally requested this information directly from Wagenborg. They did not respond. We therefore had no choice but to seek access through the courts, using the new Dutch rules on preliminary disclosure (voorlopige bewijsverrichtingen).

Receiving the requested information will make the case stronger. This step is a necessary part of building the strongest possible case for fair pay and equal treatment for all seafarers. We will keep you updated as the proceedings develop.

17-04-2026

Objections against the general binding declaration

We are challenging the shipowners’ & labour union’s request to declare the discriminatory Collective Bargaining Agreement for merchant ships generally binding on all Dutch merchant ships.

On 27 March 2026, the Dutch government published a proposal in the Dutch Government Gazette. The proposal: to make the entire 2026 Collective Bargaining Agreement (CBA) for merchant ships 2026 (CAO Handelsvaart 2026) binding for all Dutch merchant ships.

On 14 April 2026, the Equal Justice Equal Pay Foundation filed formal objections. We are targeting one specific provision: Article 3(2). This article excludes seafarers from the Philippines, Indonesia and Ukraine from the standard wages and working conditions that apply to their European colleagues – even when they do the same work on the same ships.

We believe Article 3(2) must be rejected. Here is why:

It is discriminatory. Article 3(2) treats seafarers differently based on their nationality and where they live. This violates Dutch and international law. The Dutch Institute for Human Rights confirmed this in two separate rulings in August 2025.
It creates unfair competition between different groups of seafarers. The whole point of extending a collective agreement sector-wide is that everyone competes on the same terms. Article 3(2) does the opposite: it allows lower wages for a large group of workers.
There is no economic justification for this discrimination. Employers claim that equal pay would hurt the Dutch shipping industry. But independent economic research commissioned by the EJEP Foundation, shows otherwise. Labour costs make up only a small share of what Dutch shipping companies spend. And there are other ways to manage any cost increase.

We are calling on the Minister of Social Affairs and Employment to reject the request to declare the CBA generally binding. It is time to go back to the negotiating table – and come up with an agreement that treats every seafarer fairly.

20-08-2025