Position Papers https://eurecca.eu/position-papers.xml en A Social Agenda for Europe’s Aviation https://eurecca.eu/post/social-agenda-europes-aviation <span class="field field--name-title field--type-string field--label-hidden">A Social Agenda for Europe’s Aviation</span> <div class="field field--name-field-mt-pst-image field--type-image field--label-hidden field__items"> <div class="images-container clearfix"> <div class="image-preview clearfix"> <div class="image-wrapper clearfix"> <div class="field__item"> <div class="overlay-container"> <span class="overlay overlay--colored"> <a class="overlay-target-link image-popup" href="https://eurecca.eu/sites/default/files/2019-09/social-agenda-for-europe-aviation_4.png"></a> </span> <img src="/sites/default/files/styles/large/public/2019-09/social-agenda-for-europe-aviation_4.png?itok=TgLPLC5K" width="1110" height="600" alt="A Social Agenda for Europe’s Aviation" title="A Social Agenda for Europe’s Aviation" typeof="foaf:Image" class="image-style-large" /> </div> </div> </div> </div> </div> </div> <span class="field field--name-uid field--type-entity-reference field--label-hidden"><span lang="" about="/user/536" typeof="schema:Person" property="schema:name" datatype="">EurECCA</span></span> <span class="field field--name-created field--type-created field--label-hidden">Mon, 09/16/2019 - 21:18</span> <div class="clearfix text-formatted field field--name-field-mt-pst-body field--type-text-with-summary field--label-hidden field__item"><p>Europe’s Single Aviation Market has been instrumental in creating new market opportunities, stimulating growth and boosting connectivity. Airlines and their employees have been the driving forces behind this success story, allowing the traveling public wider choice, better prices and quality service.</p> <p>At the same time, the Single Market focused on economic freedoms and opportunities, while <u>social aspects &amp; regulations</u> remained mainly national. This means they are subject to significant differences between the legal systems of EU Member States and subject to uneven control and enforcement.</p> <p>These differences continue to exist with respect to working conditions, social rights, labor law, and social security systems. Companies in the aviation sector – including a number of airlines – take advantage of such differences, through various forms of ‘<u>social engineering</u>’.</p> <p>Social engineering, however, leads to systematic use of <u>precarious ‘atypical’ forms of air crew employment</u> – such as broker-agency engagement without recourse to Collective Labor Agreements, zero-hour contracts, (bogus) self-employment, etc. Also, when dispatching their pilots &amp; cabin crew to operational bases across national borders &amp; jurisdictions, certain airlines do so without correctly applying local labour &amp; social security law or paying local taxes.</p> <p>Such practices gradually <u>undermine national social systems</u>, social rights &amp; protections. And they undermine effective access to legal redress for air crew, e.g. where national and EU legislation have not been adapted to cross-border set-ups.</p> <p>Such practices also <u>create an unlevel playing field</u> within Europe’s aviation market. As a result, they allow certain airlines to achieve an undue competitive advantage vis-à-vis their competitor airlines who do abide by the rules, respect social standards, and engage in genuine social dialogue with their staff.</p> <p>Furthermore, in some Member States, employers can refuse to engage in <u>meaningful social dialogue</u> and to conclude Collective Labor Agreements, which however are standard in our sector across Europe.</p> <p>Given such mal-practices, our airlines and air crew associations see an urgent need to act in order to <u>ensure appropriate social standards, application of laws, and a fair level-playing field</u> in Europe’s aviation market. This has to include:</p> <ul><li><u>enforcement</u> of existing EU &amp; national legislation by all Member States;</li> <li>effective measures against <u>(bogus) self-employment</u> of crews;</li> <li><u>clarification</u> of current rules and application of the local laws of the country where the crews are based &amp; start/end their duties (operational ‘home base’);</li> <li><u>appropriate legislative changes</u> to the EU legal framework, e.g. to the EU Air Services Regulation (Reg. 1008/2008) and/or Reg. 883/2004 on Social Security Certificates.</li> </ul><p>We therefore welcome last year’s Member State call for a ‘<a href="https://gouvernement.lu/dam-assets/documents/actualites/2018/10-octobre/02-transport-aviation/Declaration-conjointe-version-EN.pdf" target="_blank">socially responsible connectivity</a>’ in aviation (Oct. 2018), the <a href="https://www.eurocockpit.be/sites/default/files/2019-04/Study%20on%20employment%20and%20working%20conditions%20of%20aircrew%2C%20EU%20Commission%202019.pdf" target="_blank">in-depth study</a> on the extent of atypical air crew employment in Europe (Jan. 2019), the EU Commission’s report ‘<a href="https://ec.europa.eu/transport/modes/air/news/2019-03-01-social-standards-air-transport_en" target="_blank">Aviation Strategy for Europe: Maintaining and promoting high social standards</a>’ (March 2019), the EU Commission’s workshop on ‘<a href="https://www.eurocockpit.be/news/uniting-against-precarious-aviation-jobs" target="_blank">Socially responsible air transport</a>’ (April 2019), and the recent creation of a Member State Expert Group on the social agenda in aviation.</p> <p>Our airline &amp; aircrew organisations jointly <strong>urge the new European Commission, the new Members of the European Parliament, and national aviation &amp; labour authorities to take concrete measures</strong> to end abuses &amp; ‘social engineering’, to ensure legal certainty, application of local &amp; EU law and fair competition, and to thereby <strong>achieve a socially responsible air connectivity for Europe’s citizens and regions</strong>. Our organisations stand ready to support such initiatives and to play their part in sharing expertise and knowledge.<br />  </p> <h3>Whom we represent</h3> <p><strong>Airline Coordination Platform (ACP)</strong> is a group of major European airlines, with the purpose of advocating for fair competition in the European aviation sector, with a specific focus on social affairs and external air political relations. The airlines of the group employ a total of around 200.000 people.</p> <p>Contact: Hans Ollongren – office@airlinecoordinationplatform.com</p> <p><strong>European Cockpit Association (ECA)</strong> is the representative body of European pilot associations, representing over 39.000 pilots from across Europe, striving for the highest levels of aviation safety and fostering social rights and quality employment in Europe.</p> <p>Contact: Philip von Schöppenthau – eca@eurocockpit.be</p> <p><strong>European Cabin Crew Association (EurECCA)</strong>: is made up of cabin crew unions from ten European countries, representing over 70% of organized cabin crew in Europe, and promoting better living and work conditions, as well as aviation safety.</p> <p>Contact: Christoph Drescher – drescher@eurecca.aero</p> <p> </p> </div> <div class="field field--name-field-mt-pst-category field--type-entity-reference field--label-hidden field--entity-reference-target-type-taxonomy-term clearfix field__item"><a href="/post-categories/social-issues-working-condition" hreflang="en">Social issues &amp; Working condition</a></div> Mon, 16 Sep 2019 19:18:40 +0000 EurECCA 145 at https://eurecca.eu EurECCA expresses concern over EU-Qatar Air Transport Agreement https://eurecca.eu/post/eurecca-expresses-concern-over-eu-qatar-air-transport-agreement <span class="field field--name-title field--type-string field--label-hidden">EurECCA expresses concern over EU-Qatar Air Transport Agreement</span> <div class="field field--name-field-mt-pst-image field--type-image field--label-hidden field__items"> <div class="images-container clearfix"> <div class="image-preview clearfix"> <div class="image-wrapper clearfix"> <div class="field__item"> <div class="overlay-container"> <span class="overlay overlay--colored"> <a class="overlay-target-link image-popup" href="https://eurecca.eu/sites/default/files/2019-09/qatar-airways-route-europe.jpg"></a> </span> <img src="/sites/default/files/styles/large/public/2019-09/qatar-airways-route-europe.jpg?itok=EMViS8Kl" width="1110" height="600" alt="qatar airways route europe" title="qatar airways route to europe" typeof="foaf:Image" class="image-style-large" /> </div> </div> </div> </div> </div> </div> <span class="field field--name-uid field--type-entity-reference field--label-hidden"><span lang="" about="/user/536" typeof="schema:Person" property="schema:name" datatype="">EurECCA</span></span> <span class="field field--name-created field--type-created field--label-hidden">Tue, 03/19/2019 - 12:27</span> <div class="clearfix text-formatted field field--name-field-mt-pst-subheader field--type-text-long field--label-hidden field__item"><p>EurECCA expresses its concerns over the <a href="http://europa.eu/rapid/press-release_IP-19-1490_en.htm">Comprehensive Air Transport Agreement</a> (CATA) reached between the EU and Qatar after two and a half years of negotiations. </p></div> <div class="clearfix text-formatted field field--name-field-mt-pst-body field--type-text-with-summary field--label-hidden field__item"><p>The agreement, which provides increased access to each other’s markets, is in line with the EU’s quest for further liberalisation in aviation and its ambition to reach agreements with other 3rd countries in order to increase commercial opportunities for the European civil aviation sector.</p> <p>However EurECCA has concerns in two main areas: the economic benefits and social protection.</p> <p>The economic benefits of the Agreement seem to favour Qatar, which will now have direct access to all 28 EU countries, 500 million customers and a large cargo market, compared to the EU gaining access to only one single country in an isolated region, with a mere 3 million customers.  This begs the question as to the EU’s motivation in making this deal which does no favours to Europe’s aviation sector, and we can only surmise that we are being used as a pawn in a wider macro-economic or political chess game.</p> <p>EurECCA is also concerned about the radically different approaches to social protection, labour rights and employment conditions for workers between the EU and Qatar.  While we acknowledge the EU’s negotiation of a social clause as a fundamental component of the agreement, it should be used to ensure the respect of workers’ rights and not be used to put European airlines at a disadvantage competing with lower social standards for Qatar airlines.  </p> <p>The Agreement’s social clause recognises that the violation of fundamental labour principles and rights at work cannot be used as a legitimate comparative advantage. Both EU and Qatar pledge to adopt and modify their domestic laws to be in line with ILO obligations. And the clause will apply to any future, more liberal bilateral deals that Qatar reaches with individual EU Member States.  We hope that opening our doors will not harm European aviation business or employment and that the EU will have the commitment and political will to enforce all the aspects of the Agreement.</p></div> <div class="field field--name-field-mt-pst-category field--type-entity-reference field--label-hidden field--entity-reference-target-type-taxonomy-term clearfix field__item"><a href="/post-categories/fair-competition" hreflang="en">Fair competition</a></div> Tue, 19 Mar 2019 11:27:41 +0000 EurECCA 74 at https://eurecca.eu EurECCA opposes proposals to implement interoperability for cabin crew https://eurecca.eu/post/eurecca-opposes-proposals-implement-interoperability-cabin-crew <span class="field field--name-title field--type-string field--label-hidden">EurECCA opposes proposals to implement interoperability for cabin crew</span> <div class="field field--name-field-mt-pst-image field--type-image field--label-hidden field__items"> <div class="images-container clearfix"> <div class="image-preview clearfix"> <div class="image-wrapper clearfix"> <div class="field__item"> <div class="overlay-container"> <span class="overlay overlay--colored"> <a class="overlay-target-link image-popup" href="https://eurecca.eu/sites/default/files/2019-09/COst%20crew_0.jpg"></a> </span> <img src="/sites/default/files/styles/large/public/2019-09/COst%20crew_0.jpg?itok=Hq91YQeb" width="1110" height="600" alt="cost crew" title="cost crew" typeof="foaf:Image" class="image-style-large" /> </div> </div> </div> </div> </div> </div> <span class="field field--name-uid field--type-entity-reference field--label-hidden"><span lang="" about="/user/536" typeof="schema:Person" property="schema:name" datatype="">EurECCA</span></span> <span class="field field--name-created field--type-created field--label-hidden">Fri, 10/26/2018 - 12:06</span> <div class="clearfix text-formatted field field--name-field-mt-pst-subheader field--type-text-long field--label-hidden field__item"><p>EurECCA opposes current proposals to introduce staff ‘interoperability’ on commercial airlines as a cost-saving business model as this could pose significant risks to the safety and social and legal aspects of cabin crew were it to be implemented.</p> </div> <div class="clearfix text-formatted field field--name-field-mt-pst-body field--type-text-with-summary field--label-hidden field__item"><p><strong>What is interoperability? </strong>Interoperability, when used in the context of airlines would mean cabin crew staff being shared within an affiliated group of companies or within an international holding across countries according to demand, without the need to undergo the current Operator Conversion Course (OCC). Instead they would fly for two or more AOCs on a daily, weekly or any time scale through crediting of training already undergone with another airline.</p> <p><strong>What are the problems?</strong><br /> For cost saving reasons crew member could be based in a low cost production area, working for several AOCs on a daily, weekly or monthly basis: working by “cross-OPS”.<br /> This cost-saving model would not only impact several industrial laws, divergent occupational health systems or conflicting social security and tax legislation of different countries, but could lead to shutting operations in sites throughout Europe where labour costs are higher which could, as a result, lead to social dumping.<br /> The key areas of negative impact are outlined below.</p> <p><strong>Social &amp; legal concerns</strong><br /> As well as the implications for the crew’s private and family lives, there are major legal aspects to consider.</p> <ul><li>Cabin crew interoperability being a form of employee sharing, would be illegal according to the labour law in many EU Member States;</li> <li>Transnational interoperability could contribute to tax evasion and social dumping through the facilitation of letter box companies and the absence of clarity on applicable law to cabin crew. It can also be abused to downgrade working conditions.</li> </ul><p><strong>Safety hazards</strong></p> <ul><li>Human health and safety factors need to be taken into serious consideration. These include rostering and fatigue prevention, corporate safety culture, processes, procedures, manuals, cabin crew training, to name but a few.</li> <li>The use of a single AOC is hence the only viable solution for maintaining acceptable levels of operational efficiency and safety. In an “interoperational” environment the constraints and risks mentioned above have the potential of jeopardising safety.</li> </ul><p>EurECCA therefore urges that, if interoperability is to be considered as a cost-saver that potential safety risks need to be seriously analysed and social aspects need to be examined, since working, living and health conditions could deteriorate.<br /> For more detail on the specific details relating safety, social and legal concerns please see Annex on the following pages.</p> <h3>---<br /> Therefore EurECCA’s statement is unequivocal:<br /> new cost saving business models of commercial air transport operators should never worsen safety, social, labour, health<br /> and legal aspects of aviation employees.</h3> <h3>---</h3> <p><strong>Annex</strong><br /><strong>Details of specific social, legal and safety concerns – source European Cockpit Association (ECA) position paper of 24 July 2018: Crew Interoperability: the bigger picture <a href="https://www.eurocockpit.be/positions-publications/crew-interoperability-%20bigger-picture">https://www.eurocockpit.be/positions-publications/crew-interoperability- bigger-picture</a></strong></p> <p><strong>Social &amp; Legal Aspects</strong></p> <p><strong>1.1. Labour law</strong><br /> There are serious legal aspects to be considered if the holder of the different AOCs is not the same employer of the crew:</p> <p>a.) Crew interoperability in the case of different AOCs and different employers: A worker is defined as a person who, for a certain period of time, performs services for and under the direction of another person in return for remuneration. The relation of subordination is essential for the definition of the employment contract. It is explicitly forbidden by many national laws that an employee is hired out to another employer unless it is through a subcontract agreement or through a formal temporary agency contract. Only some EU Member States allow employee sharing and most of those states would only allow it under specific conditions. For example, in France, Luxembourg and Belgium, it is subject to government authorisation as it is considered as a derogation from the basic principle of prohibition of secondment of staff. Austria and Germany require strategic employee groups as Temporary Work Agencies. Other requirements (maximum number of employees, geographical restrictions, type of workers that could qualify for such employment, etc.) to operate under employee sharing statute might vary between countries.</p> <p>b.) “Intra-group” Crew Interoperability: Intra-group “mobility” or the situation where contracts provide for the possibility for workers to work in different subsidiaries (units) of the same group having different AOCs is a controversial issue.</p> <p>Some courts have considered that intra-group mobility can be considered legal, if it is done for technical and organisational reasons responding to the division of work inside a group of companies and if rights of the workers are guaranteed. However, when there is fraud, abuses of rights or of legal personality, the secondment of personnel – even if it is within the same group of companies – should be considered illegal. The question is then if the set-up for sharing employees within a group is not abusive and if the rights of the workers are guaranteed.</p> <p>A key element is whether the group gets an economic gain through such (forced) mobility practices. It was considered that a group, through internal invoicing, would not have any gain from such use of the staff if the conditions of the workers were not jeopardized. However, recent caselaw has nuanced this by recognising that companies do obtain an economic gain from intra group mobility resulting from an increase of the flexibility in staff management and the cost savings generated by it (French Cour de Cassation, case n° 09-69175 of 18/ July 2011).</p> <p>c.) When Crew Interoperability requires pilots and cabin crew to operate from a country outside his or her habitual place of work, the rules on posting should be applied.</p> <p>d.) Potential labour law problems:</p> <ol><li>Which labour law does apply to the crew?<br />  </li> <li>Contract issues: If contracts are different in the different airlines, which contract will the crew follow at each time, who will decide about vacation, leave, sickness?<br />  </li> <li>Can the crew reject an assignment?<br />  </li> <li>When pilots and cabin crew are transferred to other airlines with lower conditions, is this not giving the employer the possibility to unilaterally change the employee’s working conditions?<br />  </li> <li>Which collective agreements will apply? Are crew of other units considered for the recognition of company councils? Can a union represent a crew member working in company who is not an employee of that company? Are those crew recognised for the calculation of information and consultation rights? Could a crew member in a subsidiary be asked or forced to replace a striking crew member in another company (thereby de facto depriving workers from their ability to exercise – in a meaningful manner – their basic right to strike)? Can the crew member take part in an industrial action within a company where he or she regularly works but is where he or she is not a formal employee?<br />  </li> <li>If the crew has issues concerning working conditions, where should he or she file his report?<br />  </li> <li>If a work accident occurs during work in a company where the crew member is not an employee of that company, who is responsible?<br />  </li> <li>Who can initiate and process disciplinary procedures and decide on possible disciplinary measures? Could the different units where the crew member works issue disciplinary measures? What happens in case different units have different rules on disciplinary measures or have different opinions on a specific case?<br />  </li> <li>In case of legal  dispute, can the employee file a claim only against his or her employer in the contract or should it be filed against the subsidiary where the conflict arose? Can a subsidiary, that is not the official employer start legal proceedings against the crew member who is not an employee of that company?<br />  </li> <li>How will the parties determine their responsibilities or liabilities in the event of a dispute?<br />  </li> <li>In case of bankruptcy of one of the units: How are the other units involved or even responsible?<br />  </li> <li>Can the crew member be assigned to an agency that places crew to other companies?</li> </ol><p><strong>1.2. Impact on Employee Pay and Working conditions</strong></p> <p>a.) Collective agreement, social security and income tax: depending on the structure of the co-employment, employees changing from one placement to another could be subject to a different collective agreement and a different wage level. This risks to open the door for companies ‘cherry picking’ where they base their crews and their AOCs (e.g. basing AOCs in the region with lowest wage levels/social security payments/labour right protections, etc.).</p> <p>b.) The participation of employees in social dialogue structures: employees in employee sharing structures will have difficulties in engaging in collective bargaining and/or be rep- resented at every level.</p> <p>c.) Commute and frequent relocation has severe impacts on employees</p> <ol><li>In terms of social security, change in placement could be considered as the end of one job and the start of a new one, influencing the worker’s benefit levels.</li> <li>Determination of a real Home Base would become a real challenge.</li> <li>Placement/relocation has costs (both financial and in terms of time).</li> <li>Significantly increases level of flexibility and adaptability to different work environments (&amp; locations) generates additional stress.</li> <li>Frequent commuting and placements negatively affect worker's work–life balance and ability to combine with family/private life.</li> </ol><p><strong>1.4. Social Security</strong></p> <p>Crew Interoperability would provide the operator with the possibility of freely rotating crew members around their transnational network, between different bases and countries. Therefore:</p> <p>a.) EU wide Interoperability would increase the uncertainty on which entity is responsible to determine the Home Base of a crew member.</p> <p>b.) Frequent changes in Home Base might result in employees losing their rights[3]: where can they receive medical treatment, what about family benefits, losing proof of good conduct, maternity, pension...</p> <p>c.) Clear rules would be necessary to avoid regulatory ‘forum shopping’ practices and to fully ensure tax and social security regularity for crew members at all times.</p> <p><strong>1.5. Job quality and job satisfaction</strong></p> <p>Some aspects of working conditions related to Crew Interoperability that are likely to lead to workers not being satisfied with their working conditions, incl. lack of contact with company management (feeling that you are no longer part of it), feeling that your job and career advancement is at risk because of lack of clarity, perspective and real ties with one employer.</p> <p>The European Foundation for the Improvement of Living and Working Conditions carries out periodical assessments of the working conditions in Europe. Jobs are placed in a scale going from ‘high flying’ to ‘poor quality’. The last edition of the survey in 2016[4] shows that 23% of jobs qualified as ‘poor quality’ are temporary agency employees jobs (the second largest type of employment in this category). Jobs are considered ‘Poor quality” because:</p> <p>a.) Jobs rank lowest in terms of skills and discretion as well as in earnings and prospects.</p> <p>b.) Monthly earnings are about a third of those in the ‘high flying’ profile.</p> <p>c.) About a third of the workers in this profile fear they may lose their jobs within six months and 45% strongly disagree that their job offers good prospects for career advancement – about twice the proportion of workers on average for both dimensions.</p> <p>Facilitating interoperability without addressing the effects of describing above, will lead to a new form of precarious and dependent employment and not to quality jobs. Interoperability cannot be considered only on economic and technical basis but taking into consideration the impact on the individuals. A crew member ‘detached’ temporarily to a subsidiary of the same group, which is a form of interoperability even if for the moment an Operator Course is needed, explains that the management of the company in which he is detached has no disciplinary powers on him. What is the effect of such arrangements for the company culture in the hosting airline? Is it durable? Can it be done otherwise without contravening the labour regulations?</p> <p><strong>Safety Aspects</strong></p> <p><strong>1.1. Company &amp; Safety Culture</strong></p> <p>Crew Interoperability creates a number of challenges when it comes to maintaining a consistent company culture.</p> <p>This applies in particular to the need to create and maintain a consistent and robust safety &amp; reporting culture across operators and AOCs as well as across national boundaries and national cultures. It is widely known that creating and maintaining a functioning safety &amp; reporting culture is a challenge in any airline[5], requiring significant investment, leadership and trust among employees and vis-à-vis their management. Given the highly flexible, transnational and transient nature of Crew Interoperability set-ups and due to the loosening of the traditional links between employees and their company / management, significant efforts and resources would be required to prevent a downgrading of the safety &amp; reporting culture.</p> <p>For example, differences not just in safety culture but also in general company culture across the different operators, can introduce potential safety challenges. One key aspect is Occurrence Reporting which needs to be very mature within each of these AOCs and sharing of data and analysis between these AOC safety departments is crucial, as it the systematic coordination into Operations and training departments.</p> <p>Further, there is a big risk that there will be poor Peer Support available in this sort of transient set-up. Peer Support has been proven to be the best defence against mental health and medical fitness issues developing into safety risks (see e.g. EASA rulemaking post Germanwings accident). Effective Peer Support will most likely be lacking in an interoperability environment, especially where this environment is misused by management.</p> <p><strong>1.2. Operational &amp; procedural challenges</strong></p> <p>Besides these issue with safety and company culture, there are a number of related operational challenges and hazards that could translate in to safety risks:</p> <p>For Crew Interoperability to actually work – from an operational safety management perspective – pilots and cabin crew would need to operate with <em>identical</em>Standard Operating Procedures (SOPs) across the different operators. “Almost similar” SOPs will not be enough. Especially emergency checklists and procedures will have to be 100% aligned as will relevant documentation such as OpsManual-A, OpsManual-B and the Quick Reference Hand-book (QRH). This includes performance calculation methods, whether software or paper based, should be identical across operators to avoid safety critical errors to happen.</p> <p>In these documentations, limitations, applicability of weather and other minima and flight procedures (incl. procedures/approvals such as MNPS, ETOPS, RNAVs, etc.) will have to be identical. Additionally, fleet &amp; operating notes will have to be distributed and coordinated across different AOCs to ensure crews are adequately up to date when moving from one AOC to the next. It is unlikely that such Crew Interoperability could be achieved without at least a minimum familiarization programs including line flights.</p> <p>Currently the Operator Conversion Course (OCC), Part Ops (ORO, TC CC, FC) requires such an OCC not only for Flight Crew but also for Cabin Crew and Technical crew. For a good reason: these procedures have to be identical as well, since they are safety critical and there are important crossovers (e.g. for CC: Emergency and evacuation procedures, for TC: use and application of MEL, use and form of TLB). Also, any attempt to reduce the issue of Interoperability to be one of only OCC Training content is to simplify things to an extreme. OCC training is one part of the Crew Interoperability issue, but neither the solution nor the one single enabler. More generally speaking: to reduce Crew Interoperability to only be a matter of crew training is to oversimplify the hazards and safety related challenges for the respective operators’ SMS, as well as for the NAAs’ safety oversight (see 3.2.3.).</p> <p>Finally, there are numerous other issues to be considered, both by the operator(s) and the national oversight authorities, such as:</p> <p>a.) FTL schemes: e.g. each operator has the obligation to ensure a legal roster for each and every crew member under any combination of ‘crew-AOC-hopping’, including disruptive early/late duties &amp; transitions etc. For this to function, a very high robustness of rosters must be guaranteed.</p> <p>b.) Fatigue Risk Management (FRM): apart from ‘legal’ rosters, Crew Interoperability requires a fully functional, and externally audited, Fatigue Risk Management system encompassing all involved operators and with a centralized Safety Department. Such FRMS must include an effective, non-punitive fatigue reporting system, an operational Fatigue Safety Action Group (FSAG) with crew representatives involved and periodic fatigue surveys among flight and cabin crew. Recommended FSAG actions must be implemented by all operators involved.</p> <p>c.) Home Base: CS FTL.1.200, requires the pilot’s Home Base to be “a single airport location assigned with a high degree of permanence.” Crew Interoperability would entail frequent outplacements and relocations. How can ‘Home Base’ be defined and assigned if a crew member can interoperate to a potentially unlimited extent, especially as Home Base is linked to the place from where a crew member habitually carries out his/her duties?</p> <p>d.) Fully functioning and mature SMS (incl. reporting schemes) in each operator &amp; robust system in place to combine data, data analysis and take action.</p> <p>e.) Other issues, such as Radiation (there has to be a ‘radiation log’ by the operator); CRM issues; Security issues (very different background checks and their acceptance across Europe); Medical issues (data protection/storage; different interpretations of the regulation across Europe; etc.).</p> <p><strong>1.3. Cooperative Oversight</strong></p> <p>Crew Interoperability requires very good &amp; close cooperation between national competent authorities, via so-called cooperative oversight. And it must always be absolutely clear – to the operator, the crew and the authority – under which AOC each and every flight is operated.</p> <p>Equally, each NAA involved in overseeing a Crew Interoperability set-up, must have the resources and expertise to oversee such practices to ensure no safety risks are created. This means the ability for in-depth, mature oversight, pooling of expertise, data and information across borders &amp; different NAAs, as well as the ability to cope with different languages, national cultures, and interpretations. While cooperative safety oversight between the Danish, Swedish and Norwegian NAA might be working quite well, such cooperative oversight between e.g. Lithuania, Portugal and Greece (or many other combinations of NAAs) might be a challenge.</p> <p>Of particular relevance is here that EASA standardization visits over the past years have demonstrated that several NAAs are not anymore up to standard when it comes to properly overseeing their operators, due to a lack of human &amp; financial resources and adequate expertise. Equally, many NAAs are still ill-equipped to audit operator’s safety risk management and performance-based safety management. Finally, in some key areas – such as FTL – EASA standardization visits show that up to 70% on NAAs are well below standard. Given the importance of full compliance with FTL rules and of a fully functioning FRM in place, these results are a major hurdle for effective oversight of Crew Interoperability set-ups.</p> <p>In its “Practical Guide on Management of hazards related to new business models in CAT operations”[6] published in August 2017, EASA clearly identified the need for cooperative safety oversight, as Crew Interoperability will by definition involve multiple NAAs.[7] However, the challenges to make such cooperative oversight happen and effective, are not (yet) addressed.</p> <p><strong>1.4. Safety Hazards identified by EASA</strong></p> <p>In its “Practical Guide on Management of hazards related to new business models in CAT operations”, the Agency identified six hazards related to interoperability where crew training is one of the six. The definition used by EASA in the Practical Guide covers more than Crew Training and the Guide confirms that reducing Crew Interoperability to only be a matter of crew training is to oversimplify the hazards and safety related challenges for the respective operators SMS.</p> <p><strong>The 6 safety hazards, as identified in the Practical Guide</strong></p> <p><img alt="" src="http://www.eurecca.aero/images/TabServProv.gif" /></p> <p> <strong>About EurECCA</strong></p> <p>Established in Brussels in 2014, the European Cabin Crew Association, EurECCA, represents, protects and develops the rights and needs of cabin crew all over Europe. It is composed of cabin crew unions from European Union Member States as well as accession and bordering states and represents some 35,000 cabin crew accounting for 70% of all organised cabin crew in Europe. EurECCA has no political connections.</p> <p>EurECCA’s work is mainly around cabin and passenger safety and cabin crew health and work and living conditions.</p> <h3>EurECCA represents, protects and develops the rights and needs of cabin crew all over Europe</h3> <p>Contact Office: +32 470737165</p> <p><strong>For more information:</strong><br /> Christoph Drescher, President<br /> Tel: +49 15162432127</p> <p>Luciana Passo, Vice President<br /> Tel: +35 1932417504</p> <p>Xavier Gautier, General Secretary<br /> Tel: +33 787060342</p> </div> <div class="field field--name-field-mt-pst-category field--type-entity-reference field--label-hidden field--entity-reference-target-type-taxonomy-term clearfix field__item"><a href="/post-categories/social-issues-working-condition" hreflang="en">Social issues &amp; Working condition</a></div> <div class="field field--name-field-mt-pst-tags field--type-entity-reference field--label-hidden field--entity-reference-target-type-taxonomy-term clearfix field__items"> <div class="field__item"><a href="/tags/social-conditions" hreflang="en">social conditions</a></div> </div> Fri, 26 Oct 2018 10:06:42 +0000 EurECCA 73 at https://eurecca.eu EurECCA supports EU Aviation Summit’s call for better social standards and clear rules for the industry to abide by https://eurecca.eu/post/eurecca-supports-eu-aviation-summits-call-better-social-standards-and-clear-rules-industry <span class="field field--name-title field--type-string field--label-hidden">EurECCA supports EU Aviation Summit’s call for better social standards and clear rules for the industry to abide by</span> <div class="field field--name-field-mt-pst-image field--type-image field--label-hidden field__items"> <div class="images-container clearfix"> <div class="image-preview clearfix"> <div class="image-wrapper clearfix"> <div class="field__item"> <div class="overlay-container"> <span class="overlay overlay--colored"> <a class="overlay-target-link image-popup" href="https://eurecca.eu/sites/default/files/2019-09/europe%20viation_0.jpg"></a> </span> <img src="/sites/default/files/styles/large/public/2019-09/europe%20viation_0.jpg?itok=96St-l2W" width="1110" height="600" alt="aviation in europe" title="aviation in europe" typeof="foaf:Image" class="image-style-large" /> </div> </div> </div> </div> </div> </div> <span class="field field--name-uid field--type-entity-reference field--label-hidden"><span lang="" about="/user/536" typeof="schema:Person" property="schema:name" datatype="">EurECCA</span></span> <span class="field field--name-created field--type-created field--label-hidden">Thu, 10/18/2018 - 11:44</span> <div class="clearfix text-formatted field field--name-field-mt-pst-subheader field--type-text-long field--label-hidden field__item"><p>EurECCA, along with other key airline, pilots and cabin crew organisations, joins the EU’s Aviation’s Summit call for decent social conditions for airline staff throughout Europe.Working conditions for cabin crew are becoming increasingly grim, with the issuing of dodgy atypical contracts to keep costs down, becoming the norm. These 'creative' employment contracts have been made possible as a result of interpretations of legal gaps and grey areas in the EU and national legislation.</p> </div> <div class="clearfix text-formatted field field--name-field-mt-pst-body field--type-text-with-summary field--label-hidden field__item"><p>EurECCA, along with other key airline, pilots and cabin crew organisations, joins the EU’s Aviation’s Summit call for decent social conditions for airline staff throughout Europe.</p> <p>Working conditions for cabin crew are becoming increasingly grim, with the issuing of dodgy atypical contracts to keep costs down, becoming the norm. These 'creative' employment contracts have been made possible as a result of interpretations of legal gaps and grey areas in the EU and national legislation. It is high time for change and we ask decision-makers to take account of the measures proposed in the joint statement by airlines and employees and speed up the European ‘Social Agenda’ for aviation.</p> <p>The main issues that are the cabin crew represented by EurECCA wish to address are the following:</p> <ul><li>Clarification on the definition of Home Base for crew and guarantee that pilots and cabin crew are covered by the local labour and social security law of the country where they are based;</li> <li>Explicit limits on atypical employment for cabin crew– such as broker agency or zero- hour contracts – and to undertake legislative changes;</li> </ul><p>Only last week, EU Employment Commissioner Thyssen said that the “Single Market is not a jungle and there are clear rules that govern it”. EurECCA welcomes this strong statement and is looking forward to concrete measures to swiftly:</p> <ul><li>enforce existing EU &amp; national legislation by all Member States,</li> <li>clarify current rules,</li> <li>clarify legislative changes to certain provisions of the current EU legal framework,</li> </ul><p>Once implemented this will:</p> <ul><li>prevent the misuse and fraudulent use of Social Security Certificates (A1 ‘portable certifi- cates’ - for the purpose of posting of workers)</li> <li>prevent the use of systematic quasi-permanent atypical employment forms for safety- critical personnel</li> <li>embed social protection in this economic market regulation in case of a revision of EU Regulation 1008/2008,</li> <li>ensure minimal social standards for air crew working on board of foreign carriers</li> </ul><p>The call for action comes as several European Member States signed a Joint Declaration, urging the EU Commission to present concrete and effective measures by end of 2018. “The Social Agenda in Aviation – Towards Socially Responsible Connectivity” has been signed by the Ministers of Belgium, Denmark, France, Germany, Luxembourg and the Netherlands. It draws attention to recurrent problems linked to the multiplication of operational bases, crew recruitment through agencies, bogus self-employment and other atypical forms of employment, warning against social dumping, rule-shopping, unfair practices and an uneven playing field</p> <p><strong>About EurECCA</strong><br /> Established in Brussels in 2014, the European Cabin Crew Association, EurECCA, represents, protects and develops the rights and needs of cabin crew all over Europe. It is composed of cabin crew unions from European Union Member States as well as accession and bordering states and represents some 35,000 cabin crew accounting for 70% of all organised cabin crew in Europe. EurECCA has no political connections.</p> <p>EurECCA’s work is mainly around cabin and passenger safety and cabin crew health and work and living conditions.</p> <h3>EurECCA represents, protects and develops the rights and needs of cabin crew all over Europe</h3> </div> <div class="field field--name-field-mt-pst-category field--type-entity-reference field--label-hidden field--entity-reference-target-type-taxonomy-term clearfix field__item"><a href="/post-categories/social-issues-working-condition" hreflang="en">Social issues &amp; Working condition</a></div> Thu, 18 Oct 2018 09:44:21 +0000 EurECCA 72 at https://eurecca.eu Crew Interoperability - curse or blessing? https://eurecca.eu/post/crew-interoperability-curse-or-blessing <span class="field field--name-title field--type-string field--label-hidden">Crew Interoperability - curse or blessing?</span> <div class="field field--name-field-mt-pst-image field--type-image field--label-hidden field__items"> <div class="images-container clearfix"> <div class="image-preview clearfix"> <div class="image-wrapper clearfix"> <div class="field__item"> <div class="overlay-container"> <span class="overlay overlay--colored"> <a class="overlay-target-link image-popup" href="https://eurecca.eu/sites/default/files/2019-09/CREW-INTEROPERABILITY.jpg"></a> </span> <img src="/sites/default/files/styles/large/public/2019-09/CREW-INTEROPERABILITY.jpg?itok=HwLFC1AW" width="1110" height="600" alt="CREW INTEROPERABILITY " title="CREW INTEROPERABILITY " typeof="foaf:Image" class="image-style-large" /> </div> </div> </div> </div> </div> </div> <span class="field field--name-uid field--type-entity-reference field--label-hidden"><span lang="" about="/user/536" typeof="schema:Person" property="schema:name" datatype="">EurECCA</span></span> <span class="field field--name-created field--type-created field--label-hidden">Tue, 08/07/2018 - 17:18</span> <div class="clearfix text-formatted field field--name-field-mt-pst-body field--type-text-with-summary field--label-hidden field__item"><p>Interoperability is a term mainly used for software development, describing two or more systems of communication with each other by using the same standards without restrictions.</p> <p>How does this refer to airlines?<br /> Basically the idea is to share cockpit and cabin crews within an affiliated group of companies or within an international holding across states according demand.</p> <p>For cost saving reasons crew member could be based in a low cost production area, working for several AOCs on a daily, weekly or monthly basis: working by « cross-OPS ».</p> <p>The industry, airlines and employers justify interoperability with "safeguarding of jobs by better competitiveness".</p> <p>But how would these jobs look like?<br /> This flexible operation would not only impact several industrial laws, divergent occupational health systems or conflicting social security and tax legislation of different countries, but could bypass the most expensive sites in Europe which could lead to social dumping.</p> <p>In August 2017 EASA started a project called « Management of hazards related to new business models of commercial air transport operators »:<br /><a href="https://www.easa.europa.eu/sites/default/files/dfu/Practical%20Guide%20New%20Business%20Models%20Hazards%20Mgt.pdf" rel="noopener noreferrer" target="_blank">https://www.easa.europa.eu/sites/default/files/dfu/Practical%20Guide%20New%20Business%20Models%20Hazards%20Mgt.pdf</a></p> <p>Members of this action group were representatives from Ryanair, Norwegian Air Shuttle, Aer Lingus, Luxair and a representative from the European Cockpit Association (ECA).</p> <p>The idea inter alia was to check the feasabilty of harmonization of manuals and operating procedures of many stakeholders of aviation (cockpit, air traffic control, dispatch, maintenance, training) in order to share employees in two or more AOCs according requirements and demands of the airlines.</p> <p>Aiming at the highest possible flexibility at lost cost, not only potential safety risks need to be analysed.<br /> Social aspects need to be examined as well, since working and living conditions could deteriorate.</p> <h3>Therefore EurECCA’s statement is unequivocal:<br /> new cost saving business models of commercial air transport operators should never worsen safety, social, labour, health and legal aspects of aviation employees.</h3> <h3> </h3> <h3>EurECCA represents, protects and develops the rights and needs of cabin crew all over Europe</h3> </div> <div class="field field--name-field-mt-pst-category field--type-entity-reference field--label-hidden field--entity-reference-target-type-taxonomy-term clearfix field__item"><a href="/post-categories/social-issues-working-condition" hreflang="en">Social issues &amp; Working condition</a></div> Tue, 07 Aug 2018 15:18:13 +0000 EurECCA 90 at https://eurecca.eu Safeguarding fair competition in air transport https://eurecca.eu/post/safeguarding-fair-competition-air-transport <span class="field field--name-title field--type-string field--label-hidden">Safeguarding fair competition in air transport</span> <div class="field field--name-field-mt-pst-image field--type-image field--label-hidden field__items"> <div class="images-container clearfix"> <div class="image-preview clearfix"> <div class="image-wrapper clearfix"> <div class="field__item"> <div class="overlay-container"> <span class="overlay overlay--colored"> <a class="overlay-target-link image-popup" href="https://eurecca.eu/sites/default/files/2019-09/FLOTE.jpg"></a> </span> <img src="/sites/default/files/styles/large/public/2019-09/FLOTE.jpg?itok=w2m4lw4C" width="1110" height="600" alt="unfair competition" title="unfair competition" typeof="foaf:Image" class="image-style-large" /> </div> </div> </div> </div> </div> </div> <span class="field field--name-uid field--type-entity-reference field--label-hidden"><span lang="" about="/user/536" typeof="schema:Person" property="schema:name" datatype="">EurECCA</span></span> <span class="field field--name-created field--type-created field--label-hidden">Fri, 03/23/2018 - 16:44</span> <div class="clearfix text-formatted field field--name-field-mt-pst-body field--type-text-with-summary field--label-hidden field__item"><p>EurECCA welcomes the Transport and Tourism Committee’s vote on the report on regulation (EC) No 868/2004 that intends to defend the Union air carriers against unfair practices of some third countries. The new amended proposal intends to set clear rules for the investigation and adoption of redressive measures.</p> <p>The efforts of EurECCA, along with some European airlines, to obtain better protection for the European Union against the unfair competition practices of certain third countries, are beginning to bear fruit.<br /> The European Parliament's transport committee has decided to take a strong position with redressive measures. This would allow the European Commission to implement a set of instruments against foreign companies accused of unfair practices. Thus, even without waiting for the conclusions of the European Commission's investigation, if it considers that there is a serious risk of injury.</p> <p>The MEPs hardened the text originally drafted by the European Commission, which was limited to the possibility of imposing "provisional countervailing measures" on third- country companies subject to a formal investigation for anti-competitive practices. The newly implemented possibility of suspension of traffic rights was not envisaged, as they had been negotiated under bilateral or multilateral international agreements.</p> <p>By tightening the rules, the European Parliament wants to give the commission the same tools as the US authorities which are also faced with the problem of unfair competition.</p> <p>The review of 868/2004 is part of a wider European Aviation Strategy, which, amongst other goals, aims to <strong>reinforce the social agenda and creating high quality jobs in aviation</strong>.</p> <p>All that remains to be validated by the Council of Ministers of the Member States. EurECCA urges the Council to follow the same approach as the Parliament. The Euro- pean Aviation strategy can only succeed if all decision makers follow the shared vision on a strong, social and sustainable European aviation industry.</p> <h2>EurECCA represents, protects and develops the rights and needs of cabin crew all over Europe</h2> </div> <div class="field field--name-field-mt-pst-category field--type-entity-reference field--label-hidden field--entity-reference-target-type-taxonomy-term clearfix field__item"><a href="/post-categories/fair-competition" hreflang="en">Fair competition</a></div> Fri, 23 Mar 2018 15:44:24 +0000 EurECCA 88 at https://eurecca.eu SOCIAL DUMPING: “A right ends where abuse begins” https://eurecca.eu/post/social-dumping-right-ends-where-abuse-begins <span class="field field--name-title field--type-string field--label-hidden">SOCIAL DUMPING: “A right ends where abuse begins”</span> <div class="field field--name-field-mt-pst-image field--type-image field--label-hidden field__items"> <div class="images-container clearfix"> <div class="image-preview clearfix"> <div class="image-wrapper clearfix"> <div class="field__item"> <div class="overlay-container"> <span class="overlay overlay--colored"> <a class="overlay-target-link image-popup" href="https://eurecca.eu/sites/default/files/2019-09/dumu%CC%80ping-social.jpg"></a> </span> <img src="/sites/default/files/styles/large/public/2019-09/dumu%CC%80ping-social.jpg?itok=hXD61JON" width="1110" height="600" alt="SOCIAL DUMPING" title="SOCIAL DUMPING" typeof="foaf:Image" class="image-style-large" /> </div> </div> </div> </div> </div> </div> <span class="field field--name-uid field--type-entity-reference field--label-hidden"><span lang="" about="/user/536" typeof="schema:Person" property="schema:name" datatype="">EurECCA</span></span> <span class="field field--name-created field--type-created field--label-hidden">Tue, 02/20/2018 - 16:55</span> <div class="clearfix text-formatted field field--name-field-mt-pst-body field--type-text-with-summary field--label-hidden field__item"><p>EurECCA WELCOMES AND SUPPORTS THE JUDGEMENT OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON POSTED WORKERS SOCIAL SECURITY RIGHTS<br /><strong>“A right ends where abuse begins”</strong></p> <p>The court of justice of the European Union decides to follow the opinion of the General advocate in which it considers, first, that an E 101 certificate is not binding in a court of the host Member State where that court finds that the certificate was obtained or invoked fraudulently and, second, that, in such circumstances, that court may refrain from applying the E 101 certificate.</p> <p>Today, some airlines in Europe are using the A1/E101 certificate with impunity to permanently escape the social contributions they are due in the country where their cabin crew has their home base and therefore A1/E101 is used as a tool for an economic optimization strategy that constitutes and leads to a form of unfair competition.</p> <p><strong>EurECCA considers this judgement, together with the earlier judgement on Home Base, a victory for European Crew members. It promotes fair competition and prevents a race to the bottom, thus creating better working conditions and better social protection.</strong></p> <p>“A right ends where abuse begins”. That maxim used by the professor of French law Marcel Ferdinand Planiol illustrates well the issue facing the Hof van Cassatie (Court of Cassation, Belgium) in the present case, which is one of a series that has given rise to a now well-established body of case-law on the binding nature of the E101 certificate, which certifies that a worker moving within the European Union is covered by the social security scheme of the Member State to which the issuing institution belongs.</p> <p><em>The Court has consistently held that, as long as it has not been withdrawn or declared invalid, an E 101 certificate issued by the competent institution of a Member State pursuant to Article 11(1) of Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 takes effect in the internal legal order of the Member State to which the employee goes in order to work and, therefore, binds the institutions of that Member State. It follows that a court of the host Member State is not entitled to scrutinise the validity of an E101 certificate in the light of the background against which it was issued.</em></p> <p><em>By its request for a preliminary ruling, the referring court is essentially asking the Court whether that case-law applies where a court of the host Member State finds that an E 101 certificate was obtained or invoked fraudulently.</em></p> <p>In the framework of the establishment of the Common Market, regulations for the coordination of social security schemes have been issued at the Community level to promote the mobility of workers.<br /> Regulation EC No 883/2004 of 30 April 2004 establishes a principle of "uniqueness of legislation", from which it follows that each worker, including in a situation of intracommunity mobility, must be subject to only one social security scheme.</p> <p>Posted workers for a temporary period to another Member State who fulfill the conditions laid down in the Regulation can work with an irrefragable certificate, not able to be refuted or disaproved, known as A1 (formerly E101) stating that they are maintained in the social security scheme in their country of origin. With this binding certificate, posted workers and their employers are exempted from the payment of social security contributions in the host country.</p> <p>If the scope attached to Form A1 (formerly E101) is, in the name of the founding principles of the European Union adapted to normal posting situations, <strong>it is however unacceptable that this document can irrefragably cover situations of fraud or of abuse of rights and promote unfair competition inner Europe.</strong></p> <p>With this ruling, the CJEU introduces the notion of fraud as a reason to put an end to the irrefragability principle inherent to those certificates and the right for a member state to disregard those certificates:</p> <p><em>Article 14(1)(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self‐employed persons and to members of their families moving within the Community, in the version amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 631/2004 of the European Parliament and of the Council of 31 March 2004, and Article 11(1)(a) of Council Regulation (EEC) No 574/72 of 21 March 1972 laying down rules for the application of Regulation No 1408/71, as amended and updated by Regulation No 118/97, must be interpreted as meaning that, when an institu- tion of a Member State to which workers have been posted makes an application to the institution that issued E 101 certificates for the review and withdrawal of those certifi- cates in the light of evidence, collected in the course of a judicial investigation, which supports the conclusion that those certificates were fraudulently obtained or relied on, and the issuing institution fails to take that evidence into consideration for the purpose of reviewing the grounds for the issue of those certificates, <strong>a national court may</strong>, in the context of proceedings brought against persons suspected of having used posted work- ers ostensibly covered by such certificates, <strong>disregard those certificates</strong> if, on the basis of that evidence and with due regard to the safeguards inherent in the right to a fair trial which must be granted to those persons, it finds the existence of such fraud.</em></p> <p>In that sense, this ruling follows the opinion of the General advocate:</p> <p><em>« a court of the host Member State may disapply an E101 certificate issued by the institution designated by the competent Member State authority under Article 14(1)(a) of Regulation No 1408/71, as amended by Council Regulation (EEC) No 1390/81 of 12 May 1981, where that court finds that that certificate was obtained or invoked fraudulently. »</em></p> <p><em>see also: <a href="http://curia.europa.eu/juris/celex.jsf?celex=62016CJ0359&amp;lang1=fr&amp;lang2=EN&amp;type=TXT&amp;ancre=" rel="noopener noreferrer" target="_blank">http://curia.europa.eu/juris/celex.jsf?celex=62016CJ0359&amp;lang1=fr&amp;lang2=EN&amp;type=TXT&amp;ancre=</a></em></p> <h2><strong>EurECCA represents, protects and defends the rights and needs of cabin crew all over Europe</strong></h2> </div> <div class="field field--name-field-mt-pst-category field--type-entity-reference field--label-hidden field--entity-reference-target-type-taxonomy-term clearfix field__item"><a href="/post-categories/social-issues-working-condition" hreflang="en">Social issues &amp; Working condition</a></div> Tue, 20 Feb 2018 15:55:06 +0000 EurECCA 89 at https://eurecca.eu EurECCA position paper : ECJ Ryanair Judgement https://eurecca.eu/post/eurecca-position-paper-ecj-ryanair-judgement <span class="field field--name-title field--type-string field--label-hidden">EurECCA position paper : ECJ Ryanair Judgement</span> <div class="field field--name-field-mt-pst-image field--type-image field--label-hidden field__items"> <div class="images-container clearfix"> <div class="image-preview clearfix"> <div class="image-wrapper clearfix"> <div class="field__item"> <div class="overlay-container"> <span class="overlay overlay--colored"> <a class="overlay-target-link image-popup" href="https://eurecca.eu/sites/default/files/2019-09/RYANAIR_JUGEMENT.jpg"></a> </span> <img src="/sites/default/files/styles/large/public/2019-09/RYANAIR_JUGEMENT.jpg?itok=4cJFy9j_" width="1110" height="600" alt="When ryanair cross the line" title="When ryanair cross the line" typeof="foaf:Image" class="image-style-large" /> </div> </div> </div> </div> </div> </div> <span class="field field--name-uid field--type-entity-reference field--label-hidden"><span lang="" about="/user/536" typeof="schema:Person" property="schema:name" datatype="">EurECCA</span></span> <span class="field field--name-created field--type-created field--label-hidden">Sat, 09/30/2017 - 16:52</span> <div class="clearfix text-formatted field field--name-field-mt-pst-subheader field--type-text-long field--label-hidden field__item"><p>« In disputes relating to their employment contracts, air crew members have the option of bringing proceedings before the courts of the place where they perform the essential part of their duties vis-à-vis their employer » </p> </div> <div class="clearfix text-formatted field field--name-field-mt-pst-body field--type-text-with-summary field--label-hidden field__item"><p>EurECCA has no doubt that this judgement will have an impact on the entire low cost segment of air transport as Ryanair will no longer be able to impose Irish labor law on aircrew working elsewhere in Europe and thus evade local labour laws and taxes.<br /><br /> Until now Ryanair argued that Irish labor law should apply to any cabin crew contract not taking into account « the place where the employee habitually carries out his work »<br /><br /> With this judgement, the Court points out « that, as regards disputes related to employment contracts, the European rules concerning jurisdiction are aimed at protecting the weaker party. Those rules enable inter alia an employee to sue his employer before the courts which he regards as closest to his interests, by giving him the option of bringing proceedings before the courts of the Member State in which the employer is domiciled or the courts of the place in which the employee habitually carries out his work. »</p> <p><br /> This ruling is clearly a significant victory for European cabin crew as the « Home Base » becomes a significant indicator to determine, in circumstances such as those at issue, the place from which the employee habitually carries out his work.<br />  </p> </div> <div class="field field--name-field-mt-pst-category field--type-entity-reference field--label-hidden field--entity-reference-target-type-taxonomy-term clearfix field__item"><a href="/post-categories/social-issues-working-condition" hreflang="en">Social issues &amp; Working condition</a></div> Sat, 30 Sep 2017 14:52:58 +0000 EurECCA 131 at https://eurecca.eu EurECCA position paper : Social Dumping/Home Base https://eurecca.eu/post/eurecca-position-paper-social-dumpinghome-base <span class="field field--name-title field--type-string field--label-hidden">EurECCA position paper : Social Dumping/Home Base</span> <div class="field field--name-field-mt-pst-image field--type-image field--label-hidden field__items"> <div class="images-container clearfix"> <div class="image-preview clearfix"> <div class="image-wrapper clearfix"> <div class="field__item"> <div class="overlay-container"> <span class="overlay overlay--colored"> <a class="overlay-target-link image-popup" href="https://eurecca.eu/sites/default/files/2019-09/dumping.png"></a> </span> <img src="/sites/default/files/styles/large/public/2019-09/dumping.png?itok=K2Sri1ID" width="1110" height="600" alt="Social Dumping" title="Social Dumping" typeof="foaf:Image" class="image-style-large" /> </div> </div> </div> </div> </div> </div> <span class="field field--name-uid field--type-entity-reference field--label-hidden"><span lang="" about="/user/536" typeof="schema:Person" property="schema:name" datatype="">EurECCA</span></span> <span class="field field--name-created field--type-created field--label-hidden">Sat, 06/10/2017 - 17:05</span> <div class="clearfix text-formatted field field--name-field-mt-pst-subheader field--type-text-long field--label-hidden field__item"><p>EurECCA welcomes the opinion of the General Advocate of the Court of Justice of the European Union.</p> </div> <div class="clearfix text-formatted field field--name-field-mt-pst-body field--type-text-with-summary field--label-hidden field__item"><p>On the 27th April 2017, as titled by the main press organs, <strong><a href="http://eurecca.aero/images/PDFs/Advocate-General-Opinion-EU-Court-of-justice.pdf" target="_blank">the opinion of the Advocate- General of the Court of Justice of the European Union was published</a></strong> on two questions referred by the Belgian Supreme Court, to clarify (Article 19 (2) of Regulation (EC) No 44/2001), what are the criteria for determining national and competent legislation for cabin crews employed by a multinational airline with cabin crews based on the various company's operating locations.</p> <p>The role of the General Advocate is to propose to the Court of Justice of the European Union, in complete impartiality and independence, a legal solution to the cases they are responsible for.</p> <p>The references for a preliminary ruling enable the courts and tribunals of the Member States to refer the matter to the Court of Justice on the interpretation of Community law and the validity of an act of the European Union.<br /> The Court of Justice does not decide on the disputes directly, it is for the national court to dispense the case, in accordance with the Court's decision, which becomes binding on all national courts, in which a similar question is raised.</p> <p>The case in question comes from the appeal filed by 6 cabin crews in the Mons-Belgium Labor Court. The applicants, in application of the provisions of the Belgian Labor Law, brought Ryanair and Crewlink, as their former employers, with a request to obtain a provisional sum of EUR 20 000 for each of the applicants for compensation unpaid wages, overnight work allowance, reimbursement of transport costs, reimbursement of costs associated with the purchase, use and cleaning of uniforms, training fees and damages corresponding to the value of exchange of meal vouchers.</p> <p><strong>For EurECCA, the Advocate General's conclusions on this matter are very interesting and today, for our category, are of the utmost political importance, as they provide us with a reason for reflection and deepening of the ambiguous situation in which many of our colleagues are engaged in Europe, by airlines that base their organizational structure on normative interpretations, often contrary to the general principle of ensuring adequate protection for workers as a weak part of the contractual relationship.</strong></p> <p>Indeed, in these types of companies, regardless of where the work is done in a habitual manner, cabin crews live in the juridical fiction of posted staff, but there is no authenticity of posting: the employees do not return to work in the Member State from which they were "posted" and the employer does not provide for travel, meals or lodging expenses in the state where the alleged posting takes place.</p> <p>Moreover, according to the Advocate General, when dealing with situations in which a work contract is carried out in the territory of more than one State, there is always a hierarchy of criteria to be taken into account in determining the law applicable to the employment contract: the criterion of the country in which the cabin crew "normally carries out his work" must be given an extensive interpretation of the place <strong>where from</strong> the employee takes up regular service rather than where the same is carried out.</p> <p>Applying an opposite approach would in fact be contrary to the objective of protecting cabin crews, who would (and this exactly is the case) exposed to the risk of c.d. "Forum shopping" by the employer, who could choose the place from which organizing the work of their employees, thus guaranteeing themselves the judges of that place.</p> <p>It is important to note that, consequently, even the notion of "aircraft nationality" (ex Article 17 of the Chicago Convention) was rejected by the Advocate General, since that concept is intended to define the scope of an other purpose.</p> <h2>EurECCA, represents, protects and defends the rights and needs of cabin crew all over Europe</h2> </div> <div class="field field--name-field-mt-pst-category field--type-entity-reference field--label-hidden field--entity-reference-target-type-taxonomy-term clearfix field__item"><a href="/post-categories/social-issues-working-condition" hreflang="en">Social issues &amp; Working condition</a></div> Sat, 10 Jun 2017 15:05:42 +0000 EurECCA 132 at https://eurecca.eu EurECCA Comments on HOME BASE definition https://eurecca.eu/post/eurecca-comments-home-base-definition <span class="field field--name-title field--type-string field--label-hidden">EurECCA Comments on HOME BASE definition</span> <div class="field field--name-field-mt-pst-image field--type-image field--label-hidden field__items"> <div class="images-container clearfix"> <div class="image-preview clearfix"> <div class="image-wrapper clearfix"> <div class="field__item"> <div class="overlay-container"> <span class="overlay overlay--colored"> <a class="overlay-target-link image-popup" href="https://eurecca.eu/sites/default/files/2019-09/home-based.jpg"></a> </span> <img src="/sites/default/files/styles/large/public/2019-09/home-based.jpg?itok=xEgNeRsN" width="1110" height="600" alt="cabin crew home base" title="cabin crew home base" typeof="foaf:Image" class="image-style-large" /> </div> </div> </div> </div> </div> </div> <span class="field field--name-uid field--type-entity-reference field--label-hidden"><span lang="" about="/user/536" typeof="schema:Person" property="schema:name" datatype="">EurECCA</span></span> <span class="field field--name-created field--type-created field--label-hidden">Tue, 07/26/2016 - 17:24</span> <div class="clearfix text-formatted field field--name-field-mt-pst-subheader field--type-text-long field--label-hidden field__item">Important court decision for European cabin crew ! </div> <div class="clearfix text-formatted field field--name-field-mt-pst-body field--type-text-with-summary field--label-hidden field__item"><p>The Court of Mons in Belgium has been asked by a Ryanair’s cabin crew member to rule on the question whether the “home base” for crew members when situated in the UE should be considered as the “habitual place of work” in the sense of European legislation. To be able to make this ruling the Court of Mons has introduced a prejudicial question to the European Court of Justice (ECJ) on the 26/04/2016 to help to clarify this issue. To that aim the ECJ has asked member states to give their opinion.</p> <p>Deadline for that opinion was on June 28th 2016. EurECCA, through their affiliated unions, urged member states to confirm to the ECJ the definition of the “habitual place of work” can be assimilated to the definition of the “effective home base”.</p> <p>If the answer is positive and the ECJ confirms that the ‘home base’ should be considered as such, it will mean that Belgian courts would be competent to decide the case and Belgian labour and social legislations will apply to these Ryanair crew members. At the same time, the ruling of the ECJ is directly applicable and therefore, courts in all EU would have to follow the reasoning.</p> <p>Why is this an important decision for European cabin crew? Previously a French court ruled in approximately the same way stating that an operating base is a set of premises or infrastructure from which a company has a stable, regular and continuing air transport business with employees who have their effective centre of activity at that base. The last part of that sentence is important.</p> <p>However, recently a court in Bergamo, Italy, ruled completely the opposite. In Bergamo the judge ruled that the registration of the aircraft determines the ‘home base’ of crew members.</p> <p>EurECCA position is to reinforce and to apply the links between the “home base” and</p> <ul><li>Social security matters (Regulation 465/2012/EC)</li> <li>Labour law applicable (Regulation 593/2008 on the law applicable to contracts: place from which aircrew habitually works must be assimilated to the home base)</li> <li>Jurisdiction matters (Regulation 1215/2012)</li> </ul><p>The ruling of the Court of Mons is therefor of utmost importance to settle the “home base” issue, but can also solve many other problems including the flags of convenience because for any crew member working from or in Europe the judgement of the ECJ will apply.</p> </div> <div class="field field--name-field-mt-pst-category field--type-entity-reference field--label-hidden field--entity-reference-target-type-taxonomy-term clearfix field__item"><a href="/post-categories/social-issues-working-condition" hreflang="en">Social issues &amp; Working condition</a></div> Tue, 26 Jul 2016 15:24:43 +0000 EurECCA 134 at https://eurecca.eu