The risk
Complex subcontracting chains in the sector can create significant human rights risks for truck drivers. These risks often stem from a 'race to the bottom' on costs and a lack of visibility in the fragmented and multi-tier subcontracting chains. As drivers are highly mobile and often work across borders and along transport corridors, they frequently fall into "jurisdictional gaps" where labour laws are poorly enforced. They often have no way to report abuses to the lead company or access legal remedies.
Non-standard forms of employment (NSFE) are often used in road transport to deny drivers their legally entitled rights, protections and conditions of employment. Examples of NSFE include informal, precarious, migrant, temporary or agency work, dependent self-employment, 'gig' work, and other forms of employment that deviate from the conventional employer–employee relationship.
Misclassification of employment status is a root cause of many human rights risks in road transport. NSFE can be arranged and scheduled to resemble, or often exceed, the working patterns of full-time employment. Cross-border drivers, for example, may be employed through sequential temporary contracts that continue for months or even years.
Migrant drivers, as well as posted or subcontracted workers, may experience discrimination based on nationality, language or perceived immigration status. This can include verbal abuse, intimidation, unequal treatment by the authorities or service providers, and in some cases, extortion or physical violence. These risks are often compounded by lone working and isolation, long periods away from home, and a lack of access to basic sanitation and decent housing, as many drivers are forced to live in their cabins for extended periods.
Drivers can lack written contracts, leading to inconsistent wages, working hours, and social protections. In many cases, employers require drivers to sign contracts in languages they do not understand, enabling the use of substandard terms and condition, increasing the risk of exploiting migrant and third-country workers. Beyond these language barriers, illegal recruitment fees frequently create structural debt bondage, effectively stripping workers of their right to freedom of movement.
Inconsistencies between the jurisdiction of their employment contract (usually where the employer is legally based) and their habitual place of work (where they start and/or finish work) can pose additional human rights risks. Drivers may be subject to the contractual provisions and protections of a jurisdiction with lower standards yet work in one or several jurisdictions that require higher standards and protections. For instance, they may be paid the minimum wage and daily allowances of Country A, yet be forced to cover the much higher working and living costs of Countries B and C.
Misclassification
Misclassification of truck drivers as independent contractors or self-employed workers is a key structural risk in road transport. The 2019 ILO Guidelines identify non-wage-earning drivers as particularly vulnerable, as they can be excluded from fundamental labour rights, including minimum wage protections, working time regulations, social security and collective bargaining.
In many cases, drivers are economically dependent on a single company but are classified as self-employed, shifting costs and risks—such as fuel, maintenance, insurance and equipment—onto the worker. This can lead to income instability and financial pressure, forcing drivers to work excessive hours or accept unsafe conditions to earn a living wage.
Misclassification also limits access to occupational safety and health protections and reduces accountability for working conditions. Drivers may lack training, support or access to grievance mechanisms, making it difficult to report hazards or seek remedy. The ILO Guidelines highlight that these conditions can contribute directly to unsafe driving practices and increased accident risk.
Furthermore, misclassified workers can be excluded from trade union representation and collective bargaining, weakening their ability to advocate for better conditions. This reinforces a cycle of vulnerability, where drivers bear the risks of transport operations without corresponding rights or protections.