Page 10 - interpilot_issue2_2015
P. 10

“ The Federation

strongly believes,

from both a safety
and moral
perspective that any
qualified pilot

should be paid, as
any worker would
get a salary. That is

a Fundamental
Human Right.

Photo credit © Victor Torres (Shutterstock)

by a broader group within EASA. The other market to avoid social dumping and precarious Airlines, other definitions are needed.
event is a conference on “social dumping” in employment conditions. The Federation Under the guise of flexibility, pilots working in
the transportation sector that will be held by strongly believes, from both a safety and moral a trans-national airline are often denied social
the European Commission on June 2 . These perspective that any qualified pilot should be policy benefits and enforceable labour
events, coupled with what appears to be an paid, as any worker would get a salary. That is contracts. The notions of Home Base (which
awakening of interest in the European a Fundamental Human Right. might define which country regulates social
Parliament about these employment models, security), Principal Place of Business, and
suggest that the conference may have been a An International Aviation Convention, to Operational Base (which might define the
precursor to a heightened level of attention to copy the International Maritime nationality of the labour contract), all need to
this issue. Convention? be carefully evaluated as potential remedies for
In particular, the notion of “bogus The International Maritime Convention (IMC) the negative employment side effects of
employment” (treating a pilot as an independ- was concluded at the International Labour economic liberalization.
ent contractor when the airline dictates all the Organization (ILO) and social matters have
terms under which work will be done), been added in 2013. The IMC has been To start legal actions on a national level
“pay-to-fly” schemes (a growing phenomenon adopted by 65 States (each of the States has had when labour laws, international conventions,
under which new pilots pay commercial the signature of the Government, the relevant collective conventions or union rights are
airlines for the opportunity to sit in the right unions and the ship-owners) and implemented infringed by airlines, CAAs and/or
seat to build hours), and Norwegian’s use of in August 2013. Some argue that this would be Governments
Asia contact/based crew were all particularly the solution to achieve fair competition and a Plaintiffs could be Member Associations, social
and widely condemned. With respect to all of fair playing field for aviation. While the partners, social security authorities, pension
these cases, concern was voiced about whether adoption of the IMC has been a positive funds, taxation authorities, etc. The Courts
the independent judgment of the pilot development for the maritime industry, the need to ensure a fair and acceptable labour,
involved, and thus safety, was being standards it set are very low and were only and social jurisprudence, are set; and avoid the
compromised. In Europe, the ECA is lobbying adopted after the maritime industry was boom of contract pilots and crew of
to ban pay-to-fly schemes within the continent decimated by the widespread adoption of the convenience such as in the case of Norwegian
and has enacted a policy in this regard. “flag of convenience” business model. Air International (NAI) or Primera Air in
IFALPA supports this action, and on a more Europe. Consistency from the authorities and
global basis, will put pressure on the With the growing removal of Nationality the regulators is needed in this extremely
authorities and the regulators to regulate the Clauses for Ownership and Control of dynamic and flexible industry.
ISSUE 2 | 2015 InterPilot | The Safety and Technical Journal of IFALPA
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