Atypical Employment in Aviation Final Reportgot WERSION EEUU. £UROp 4 http://economiaciudadana.org/personal vision, The data predor the online survey. They do not represent t Cece ESL STREET The content, the terts, figures, layout, images, scripts and other items from this study are protected by copyright and other intellectual property laws Distribution is permitted only after prior written authorisation of the authors Literal quotations are allowed provided that they are limited and that the valid source is always and correctly referred to. This document reflects the views only of the authors, and the European Commission, AEA, ECA, and ETF cannot bbe held responsible for any use which may be made of the information contained therein.got WERSION EEUU. £UROp 4 http://economiaciudadana.org/AUTHORS: Prof Dr Yves Jorens, professor of social security law and European social law, Ghent University ~ Director of IRIS international research institute on social fraud ‘Mr Dirk Gillis, academic assistant, Ghent University ~ Coordinator of IRIS| international research institute on soar THDO TRANG, ts in te sete gp fBENLS Unmsy = py sto Sota Nees = WG Devolder, Postdoctoral researcher, Ghent University This study was financed by the Eu CCA, AA and ETF haye gece ne Grane APEETEPTOEE thy Ben ene "pc fos of acc element GE fy GSA FARA ALLENS DSH ot ne umber \vs/2013/0346. Subsequently, the Action was granted to Ghent University, who carried out the study. SuaGEsTED crrarion: Y. Jorens, D. Gillis, L Valcke & J. De Coninck, ‘Atypical Forms of Employment in the Aviation Sector’, European Social Dialogue, European Commission, 2015,got WERSION EEUU. £UROp 4 http://economiaciudadana.org/TABLE OF CONTENTS Table of contents. v List of abbreviations x RATADO TRANS a7 yoe elt lal Executive summary nee x Introduction x 1 & Theoretiga an 5 s % PaBBL Seo Be s S Bart 2.1 a a S!' a Su & a = ie x Ww m 3 a gS coe S : % S 3 Z, c 23 selected European states 5 The regulation ofaypit 3 1. Pretimingey abserva a 3 suedtenh Che tp.7(economiaciudadariaorg7 x parttime employment 36 Employment via (temporary) work agencies. 37 Bogus self-employment and other problematic employment celations 39 ii The egulation of atypical work in selected Member States. a pegulation of employment relations in selected states 2 Fixed-term employment oPart-time employment. 49 Employment via (temporary work) agencies 43 Other forms of atypical employment. 52 i. Findings. Fy . 53 Se NTL ss ny 0 > ” > ” * ee ‘ming the respondents. Ss ‘concerning the social situation and workin; fons. 112 Flin concerning possible issues ur Part 4. Analysis ofthe find asi 1 introduction 1s IL A doser look at same of 151 Att /7etonomiaciudadana:org/ ‘A. Typical versus atypical employment. isi iL Typologiesof employment in relation to types of arines 156 iL Types contracts per typeof aitine: LEAS 183, Easyjet (N=223) 166 Norwegian (N=193) 167 Ryanair (N=650). 167 wlWizz (N=75) iil, The pilots: who are they?. Age, “Experience! Stated numberof airlines CARRTRDO TRANS 97 Age, ae ported Mice ir labour c state they work? connecting factors C._ the applicable social 5 i we ebipaecongmiaciudadana org/ Introduction. Social security legislation applicable in international (aviation) transport. the home base: a new specific rule for air crew members. ‘Anew hope?. D. Taxes,Final conclusions and recommendations. 253 Final conclusions and recommendations. 254 |. Social security law: towards a new rule or connecting factor for air crew? 254 IL Direct employment vs genuine self-employment and genuine self-employment vs bogus self- tn rv, maa cient od lady oe ee mn % http://economiaciudadana.org/ vuLIST OF ABBREVIATIONS, Association of European Airlines eu Court of Justice of the European Union an coecve belt DO TRANSAT yy er La % cuelgnd flight runic rie mgrovemet ot ngs Ds, mn ight and duty time limitations oO low-cost carrier http://economiaciudadana.org/ bey 873 -anag noise’?got WERSION EEUU. £UROp 4 http://economiaciudadana.org/€ é. got WERSION EEUU. [URop, 4 http://economiaciudadana.org/ xtAtypical amploymant inthe aviation sector | Exacutive summary The liberalisation of the European aviation market and the emergence of new business models~ e.g. low-cost airlines — has given rise to numerous trends in contemporary employment relations concluded vis-vis pilots and cabin crew members. On the one hand this evolution significantly increased and facilitated the competitive nature of the aviation industry to the benefit of individual consumers in what concerns not only price, but equally so, accessibility. On the other hand however, atypical forms of employment (atypi ry form of employment other than an Se a AST TS ay we pe gag lg ns atypical forms.gfemploy is aye cern that the agen applicatio 3 cabin i, cost-effi ch as\the use 36, atypical Strome in this Fonte forthe Cegurre asthe een one onc une ted Areas va ree se 2 < was ated ine Erato ses wh, among oe nlomen nse respective states, and measi respect thereto. Via the means of a sheen survey a Which resulted in both quantitative and aualtaive data ton AEBE esha oY Clas HLH AM Ee Oetefyboray fos of atypical employment bio in aviation and the effects these have. In total, 6633 respondents participated in this study. 15.19% of respondents indicated that they are French, 15% Dutch and 11.1% to have British nationality. The largest group of respondents gave stated that they are between 30 and 40 years old (30%) and that they have more than 10 years (<1000 flight hours) of flight experience (63%). The data shows that certain age groups have a much higher chance to work for certain types of airlines, for example more respondents from the younger age categories reported to fly for a Low-Fare Airline (LFA). Next to that, the largest group of respondents in this study stated that they work for a network airline (45%). The second largest group ximys wf, of respondents indicated they fly for an LFA. The top 5 of airlines that the respondents reported to work for is asfollows: 1. Ryanair, 2. Air France, 3. KLM, 4. SAS, 5. Easyjet. With respect to forms of employment, 79 % of the total number of respondents stated to have @ direct employment contract. The type of airline that was least reported by respondents who indicated that they have a direct, ean suit are LFAs (52.6%). It was found that 70% of the respondents who indicated te that they fly for an LFA. 359 respondents (5.4% of nts in Lop ee reporte; Tian contract with a temporary work 3 oeng ho stated for an LFA, 16.79% indicated they. rm: jor the as for-ietyork airlines and regional alg such a ly 1. rb 1.3% of the respondent With typed (of contracts report of fidabity. on the and, sul 2 S © order jons wete resent lod cad sta FA andi Semi pn ef Cabiedt \denfs5. Lttatin jons a Whe oi ty. Frese agree Goth sal es, the ieseem youngest ero ce srigshere If we 160k at the ine they indicated flying for, again, LFAS ions with the airlines, it can be observed that a ‘strongly related (91%) to direct contracts. Other relation: cy contracts, self-employment ot employment via a company are me RP pcr hour or performance-related pay. However, most resnddos thay aed YY ENS NEHA ear ether pad per hour wah minnete CEOBee a weirs toe corse eaeieeeree corte be on indicator of bogus situations It seems clear, both from the answers provided by the respondents to the survey as well as from the interviews with different stakeholders, that the labour market for pilots is segregated. There is @ huge difference in labour market position between, on the one hand, captains with a high number of flight hours, the right type-rating, and the willingness to work anywhere in the world on long-haul flights and, on the other hand, those who prefer to work closer to home. First officers are in an even ‘weaker position. Worst of all is the position of pilots entering the labour market. xill‘Atypical employment inthe aviation sector | Executive summary Other than what seems to be the assumption in the aviation industry, consequently to the above findings there is much movement among the pilots: more than 60%, of about half of the respondents that claim not to be working for their first airline changed airlines more than 7 times. The main reason to change seems to be better terms and conditions on an individual level and the general working conditions offered by the new airline. ie RATA ERANG HG sol securtylegsation force The determination of the appli members working in di fes is a crucial but challengit faking. The top 5 of the reported country of thé applicable Netherlaideythe UK, Sweden, and crm a os ec the Netherlands.gai!the UI onely represented. Be lectionS}pnd legal jon to jurisdiction and applic habitual employment, b i law, more specifically with regard to ‘and social securit cting factor ‘place of Secondly, civil aviation legislation do fe prevalence of different forms of Kean not ald Us ocde ete ena ae alae om CMLL sano true race to the bottom, which affects fair competition and workers! rights as well as raises important issues in the field of safety and liability. Unfortunately, finding efficient legal means to tackle bogus situations is far from as easy as we would like, the prevalence of bogus situations being the saddest proof of this. First of all, the question can be raised whether it is excluded that pilots can operate an aircraft as a service provider (either as a self-employed person or as a shareholder of a company). Or the question can also be whether, rather xivmys wf, to the contrary, the number of cases in which this is allowed should be limited (e.g. training exercises, air taxi services etc). Asking these questions, we bear in mind that when a prohibition of subcontracting is introduced, the operation of an aircraft will face some important legal issues that will need to be tackled and that such will not be an easy matter, neither legally nor politically. Is there not a risk that this would mean throwing away the baby with the bathwater? should and, if so, ee ° strictly regul BS subcontractors : wth fees but rather or crew members that work pany ch ee own that there is a clear role fo information on workers’ right: Bithorties to disseminate Prorment situations in order to prevent as much as possible. itis our so dE Whistleblowers should be more protected, both legally and efgddsial,/smeschalaie Gees le Chale|BHRUE eH-eEpJovment, safety reporting acting upon pilbt authority as well as the enforcement of effident management safety systems and of a just culture highly depend on proper reporting mechanisms. Even with strong national legislation in place an effective tackling of bogus self-employment will still be highly dependent on the cooperation of the bogus self-employed person. On the other hand, the people involved in most cases do not have an incentive to cooperate in making a legal case, as this would in most cases result in legal prosecution as well as a breach of relations with the client/employer they work for. For these reasons, other means have to be looked at. First, in our view, the efficient and effective monitoring of the compliance with these provisions is a spearpoint xv‘Atypical employment inthe aviation sector | Executive summary measure in the prevention of and the fight against bogus as well as potentially dangerous situations. For this, a more integrated approach is called for as well as an enhanced legislative framework for multidisciplinary cross-border cooperation and information exchange between the inspection services and authorities in all legal domains concerned as well as the setting up of a comprehensive system of logging European and even global total flight hours per pilot. Secondly, the research has revealed that there is neither a mo 0 =e BUTE THA wee of the total amount of flight hours a pilot clocks up. In the a Tenet of pilots have additional activities as a pilot, th Sn etecne onitoring and en tof FTL regulations by aie, is quasi he problérfigwith the home base the competent at or 0 ined witlythe safety issues nt of FTLr@gulations by bested out Sunger and lesser Berience. The policy chools and the licensing fe opinions of all stakeholders d cadets should be considered. Pilots et for pilots is segregated between position tions for pilots that are older and have First, the regulations on p experienced pilots 3 options in our view are of pilots should be scrutinised is called for. Second, a mandatory in dena conan SSCA at ose EE et a Seta up theeh experience required by airlines offering better conditions. However, a mandatory internship should not be introduced before a thorough impact and risk assessment has been performed and the opinion of the stakeholders has been taken into account. One of the hardest things to tackle is the remuneration of interns. Third, itis our strong opinion that pay-to-fly schemes should be prohibited, not only in the European Union, but globally. Fourth, a European system for the financing of training is called for, taking into account that the amount of debts young pilots face often put them in a Position so weak that, combined with a mala fide management style, it touches upon safety measures installed. Finally, the continued monitoring of the labour market for crew members in the xv!vil aviation sector is called for. Neither airlines nor pilots should be able to put each other in a weak position. Last but not least, the similarities between practices such as Flags of Convenience and Crews of Convenience resulting in a race to the bottom and subsequent social dumping in both the maritime and aviation sectors should raise an eine sense ‘ sane. more specifically with regard to flight safety, fair competition and a BANS aps ss outside the EU is yet another indicator that the home, eral i obstleee ip to the rapidly changing tomes mode ; vee hilo ntireenea te ‘ et present me iy beng te SS http://economiaciudadana.org/ xvigot WERSION EEUU. £UROp 4 http://economiaciudadana.org/INTRODUCTION http://economiaciudadana.org/‘Atypical employment in the aviation sector | introduction The establishment ofthe infernal maret has ha a prfound impact on numerous employment cers notin the es upon the vation nds. Itretingy, however the eatin the avton industry ~ contrary to other sectors ~areltnely Young phenomenon. Prompted by 8 numberof events, deregulation commenced in 1907 by mens of tne sucesive deregltoy reform pacages These reform pacages ad profound cnsequneesfor business struc vitin ecm mn eo re ge rs, heed emergence of low-cost carric Fesult’ of {short-haul destinations became tari nd arog ore ncaiatannee te lldfap sn cance techniques, LCs, aspie'asnetwo - wen have ensured that the aviation landscape ha: dance “5 in air travel chat tore, 2 ALEC LEP AUG sos ay the employment from a Europ selected States. Within this vein, u relations of pilots and cabin crew members. These areas of concern again serve as an introduction into the next section of this report. Following the chapter concerning the contemporary European aviation industry, the next section of this report (Part 3. Survey Findings) elucidates the findings from a survey. This survey was directed at pilots in Europe and concerned, amongst others, the quality of working conditions, motivation,e a, percened advantages and dsadvantags, aswell asthe consequences of bln employed via typi forms of employment The survey was Composed oftnee man pats and one adtional open cuesion. the frst par sought to collect general infomation about te respondents such ase the employment relation withthe ate they work for, andthe level of experince. Inthe second ptt of the suvey respondents vere sted about ther sol stuston and working contions Fer example, cuestionswere ated about the rece nthe alae abour ow and eects thereat on soa secnty sen ala Iiquestion were mutiple-chote However, where deemelaibt or neces sgt ve ao re even the possilty to provide add d part of Begres consisted of ns, the ldvehof competition airline eG event crn For the major of question nth pat epee were asked. govindica fat extent they agreed with each statement on a 5-pol calezancing fronf2¢stro1 agree to S=strongly agree. Finally, in an additional 9 wildtgwere iVBQ the opportunity to provide general remarks 6 ae ; , TRE following section of the report (Part 4. Analysis of the fi e sul & A me rope or ao re i with regard ons 6- Wariou! met es notign= legis aviatin oie a laa oo 2 ton ofits and Mindfal commendations) formulates certain re S G bile (e.g, manufacturing: internation: aio, literate services) road, 5 Qos ea Tam an Me and ANGUS aber Power and Te Mahan Grose ot & Sole 1004, mimeo, University of Washington. Z e e vement of Livi nt i a So heir busine oy = m jonals,, who, th Fp, must meet specific! lations and ‘codes and often pass examinations ta be fisted = fir acthties alohe @F in association other iber of el es, S BY who represent the trational forms of dalfemployippnt. ‘ork with their family members and possi all nuinber of (4) Self-employed wo led but unregulated occupation: referred to as ‘new professionals’ (5) Self-employed workers in unskille in their business without the help of emplovess, but can Jonkitines Fy BeT OMTHaerecladana .org/ Air crew in general, encompassing both pilots and cabin crew members, do not sit easily in any of these categories. This is an immediate indication that, until recently, pilots conformed to the traditional model of direct employment with the airline as permanent employees. To be sure, they must pass examinations and abide by regulations and duty-bound codes to obtain and retain a commercial pilot's license (category 2), and there is certainly the opportunity for pilots to sell their labour around the world (Figure 1: see supra —Part 1. Scope of the study and research methodology), which in turn suggests ‘freedom of choice’. Yet, the key test of (self-employment still rests on the a‘Atypical employment inthe aviation sector | Theoretical naiysie and national reports independent/dependent worker dichotomy and whether the employment relationship is based on legal subordination. Indeed, an increase can be observed in workers in the European civil aviation industry whose employment relationship is unclear ~ the ‘grey’ area between ‘traditional employment and (genuine) self-employment — and who find themselves excluded from various employment and social protections granted to those define Bette on fmpIAYGR7 LCCs in particular have developed business strategies “ge rds the lowering of wage Wie, indards for the sake of enhanced competiti Le] indicecs ployees and/6 jrome or host country governments” *£5t exampl ry A migt ‘a worker from be wcbine temporary reduée labour costs county aed th vince Suntry C. The worker in quest for services’ as a self-employed person i ents) and in order to shift business risks fro work agen@y-under oe insure ic Brant mud Snore tions of em etd relating to fernatively, self * Se eurtound (210) op ct the bhour mart, selFemployed fempby or certainly have the option toe tepbcement or sustiute wore fo perform the O£CD. naédition wo autonomy in contol their oun work and ether the seltempbyed worler can provi 2 fempbjed worles ate defied in aru ways in sea awe uc an hens ence tok een sneh Oy nono tr ©: raney &?-Tumbul, olution ofthe Labour Maret inthe Ate industry due tothe Development ofthe Low Fares Anes (35), wropean Taneport Worle federation, 2012 avaiable at tpi ete uropeon/fiks/etranet-75/44106/UFaSsz0fnaRsz0reporsiz0221016 pif; and G. Maney & P. Tumbull “The Development ofthe Low cost Model inthe European civ vation Inst, EwOpean Transport Workers’ Federation, 2012, avaiable at hup/tu ttgobalorg/fiks/etanet75/255t4/FiaPs08rechute201F820720812 "ig Beracak, ‘Social Dumping Poltkal cauchphrase or Theat to Labour Standans, European Trade Union tsttue, 2012; and tarey 8». Turnbull "The Development ofthe Low Cost Medel ithe European Ci vation nds, op Subornated bout, a oppored to inependent orautonomour workers [the selemplyed), woul chim to workunder contact of {on wings acs Eve towards on fen Eropeon dr onspa stem, 20 leo: sgn 95206 bid. 95-206, “ European Union Concolitated versonof the Treaty onthe Functioning ofthe European Union, 12 December 2007, 2098/6 35/03. 2aya wf, employed. In addition, the provisions pertaining to the promotion of employment, improved working conditions, social protection and social dialogue as enshrined in Title IX and Title X TFEU are applicable and safeguard the rights of EU workers. In particular with respect to (air) transport, Article 100 TFEU is of relevance, as it provides the legal basis to apply the abovementioned principles related to the free movement of workers, to the sector for transportation. Further substantiating and implememfaA WAL pldvbiedd/kGtamjng to free movement of workers, Regulation (EU) No 492/29L\uniposes, amongst others, the prinGiblé/pf,equal treatment vis-a-vis Regulatioh)\e0) No 1215/2012 on European workers, of releys jurisdiction andsthé fecognitio and cial matters, as well as Regt Meg on the law applicable to co ston term work is of relevance ‘uropean aviation industry. The framework agreement, equal ratment of fixed-term workers. In addition mention nee be made of DEECESIPETIE of 35 ecember 1997 concerning the rromewort Agent eA CECA GHANA Gl MACAU COUL/ we wersses aviation industry in Europe. Within the framework of the aforementioned legislation, and in view of the fact that the principles enshrined in the treaties are to be deemed applicable to the European aviation industry, air crew should thus legally be granted equal treatment with respect to conditions of employment and the rights associated thereto. As a result of the increased liberalisation of the industry, however, it © ect 96/72/E¢ of the European Parlament and of the Council of 16 December 996 concering the posting of woes in the ameworkof the provsionofsences. ""Dietive 200¢/104/EC ofthe European Fariament 2nd ofthe Council 28 November 2008 on temporary agency work 23‘Atypical employment inthe aviation sector | Theoretical naiysie and national reports appears that the de facto conditions they are effectively confronted with are slightly more precarious. In furtherance of social protection of air crew generally, including both pilots and cabin crew members, in an increasingly competitive field, the EU has adopted a myriad of legislative measures aimed at securing and safeguarding the rights of air crews, as discussed below. PerriNenT EUROPEAN AVIATION LeGisLaTION®* TRATADO TRANS ay, Pursuant to the a ‘aviation industry in the Euro} nm, a plethora of measures were adopted, of in crew wil be discussed ve ee a pene (hereinafter 4139 ‘the B: e fiel QP aviation and exalted pis abe of Regulatfob (EC) N et Gsion in Euro} ices. a ircrafs? In folthera mbeF “af Gimplem ew, perati ent y Ace hou (these S i] m at m an ative int jon and = a fate Regus insing of pilots (articlzAn con) bin crew (Article of Regulation (EC) No 216/2008). In p-command in instances Annex IV elaborates toon the respnsbty wel as potent emergen cinouledges the need for leans ceting peti or of i conjunction sith pets) 0 as to nm ora emer ora srcayr pata, te ponabee Conened te wrongs aloe ie dts Stee acumaton Seen deprivation and sectors fn ay potent faors whch could negatively affect ght safety The provisions furthermore emphasise the necessity of regular (medical) assessment of passenger behaviour as competences. As aforementioned, these provisions are supplemented with a myriad of implementing regulations, the most important of which pertaining to the conditions of employment of pilots and cabin crew are undoubtedly Regulation (EEC) No 3922/91 and Regulation (EU) No 1178/2011. 5. empsey, European Aviton Low, 2008, The Hague: Kluwer La. nerationa © peguton (ec) Ho 216/200 ofthe European Farlament and ofthe Counclof 20 Febriaty 2008 on common rues inte fl of cil avatnand establehing a European Avationsatety Agen. 24“= B. Regulation (EEC) No 3922/91" on the harmonization of technical requirements and administrative procedures in the field of (safety of) civil aviation is possibly the most important regulation relating to the conditions of employment of flight and cabin crew. As elaborated upon in the Regulation’s subpart N of Annex Ill, a distinction is made between flight crew and, alternatively, cabin crew. The former relates to the individual pilots, amongst which the pilot-in-command, as well as the co-pilots. The provisions subsequently define SEMAN Be being “any crew member, other than a fight crew member, who pecies\ PME Mele GF LGA of gossengers, duties exsigned to him/her by the oper T commander in the exbin of anlsciplare” Next to providing aditional caf th esp ton, the“dGies and qualifications eee itionsand requisite cordafigewith the is subfert to comepaiion oO of flight crew eéverally, and necessity ati or ths inform: perath je FLT" A 8 ii 6 nat ated days. This is jum of 13 hours well as 100 block hours in any conse fe limitation of a daily flight duty period of cceptionally be extended by one hour. g person operates in an aircr furtherore suppl for flight crew, whi periods are to be jember of its crew”. the fator to report for a fight or a ie/she is an operating crew member’ defined as “any time d flight duty period starts when series of fights; it finishes at the end oj Asa corollary to thelFtLd Regul iG (C60) Wa SBD CANAL hor Fel period as being “an interrupted and defined period of time during which a crew member is free from all duties and airport standby". Thisis to be distinguished from minimum rest which obliges the operator to ensure the crew member 12 hours of rest or, alternatively, rest at least as long as the preceding duty period when departing from the home base, or ten hours of rest if the departure is not from the home base © courel egubton (EEC) No 3922/92 of 16 December 1991 on the harmondation of technical requirements and admingtatve procedures inthe fel ofcitavation. the provsions in the Directive concem lntatins ofthe block hing time, which & dined 25 being “The time Benseen on aeroplane {fist moving from ts parking pace forthe purpose of taking off until comes to rest onthe cesgnated parking positon anda engines or propellers ere stopped" 25‘Atypical employment inthe aviation sector | Theoretical naiysie and national reports (see infra — following paragraph). In both scenarios, the greater amount of minimum rest will be including two local nights. Not inconceivably, the foregoing limitations may be subject to certain ce AN ye seems In conformitywith Anne {Q of Regulation (EEC) No nominate $ home, considefation th ‘and appropriate resting periods in compliance base is defined as “The location nominated by the oj Regulation (EU) No L, with the exception of FTls as encompassed Particularly, Annex Ito Regulation (EU) No 965/2012 elal by the Basic Regulation. Amongst others, cabin crew members are defined a! =ly qualified crew member, other than a {igh crew or techni ethereal chet OPH Heer is related to the safety of passengers and flight during operations.” The latter are thus distinguished from crew members generally, who are defined as “a person assigned by an operator to perforrn dates on board an aircraft". In addition, similar to the definition encompassed in Regulation (EEC) No 3922/91, the pilot-in-command, as pre-defined in the Basic Regulation, is confirmed as being the “pilot designated as being in command and charged with the safe conduct of the flight For the purpose of * anete2of mgulaton (EU) No 83/2013 of 2 January 2014 amending Regulation EU) No 965/2012 ying down technkal requirements and aimngtatve procedures ted w ai operation: commision ngulation (EU) no 365/2012 015 October 2012 ying down technkal requirements and admingtratie procedures eed toairopertions pusuant to Pegubtin (EC Ho 26/2008 of he Eupean Pariamentand ofthe council 26‘commercial air transport operations, the ‘pilot-in-command’ shall be termed the ‘commander™. Regulation (EU) No 965/2012 furthermore elaborates on the obligations incumbent upon the operator as defined in the Basic Regulation. The Annex concerned renders the operator responsible forthe overall operation of an aircraft, forthe implementation of the operations manual, and for the competence and qualifications of the cabin crew members as well as the pilots. In addition, the operator is to ensure full awareness of bers of the applicable procedures and instructions for the safe orerh tn ea on h requisite awareness of the morale natn eg "Co ces ol cew rainne, subpar Ff Aart the potential of Subst pri crew members and imitedBftent, operator responsit embers.” The foregoing pre lly to De Sa oon EC) Noi = ect 3, wy S Oathe 1) Nor) Capo! ranges! Biri f homie ase, wi ent that \ . Fi to, amo Ls specifically, the limits for flig additional limits In duty periods remain the same, but are nev an operator may not allow its crew m 000 flight hours in ‘supplemented by 6 perform beyond 110 duty hours in 14 consect fonths, http://economiaciudadana.org/ -oR0.Fe 100 Composition of flght crew: {.](@) When engaging the senvcsof fight crew members who are waking ona freelance oF paretime bose, te operator shall very that al apple requirements of th Subport and the relevant element of Annex (Bar+FC.) 0 ‘Regulation (EU) No 1178/2011, iculng the requirements on recent experience, are complied with, taking ito acount all ences ‘rendered byte fight crew member to ether operators) to determine in parculr: (4) he toa numberof aircrattype or varints operates and (2)2he applicable fight ona duty time limtetions and rest requirements commssion Regulation (€U) Ho 83/2014 of 2 January 2018 amending Pegulaton (EY) Ho 965/2012 aying down echnical requirements and adminetratve procedures reed tir operations reneed be noted, hovever, that the Cerifation specifications by EASA cull be considered soft wad thus not necessarily binding " on0.FTL 210 Fight tines and duty pers - Regulation (EU) Ho 3/2014 of 28 anury 2014 amending Regution (EU) Ho 95/2012 baying dovntechnial requirements and adminitatne procedures rested to air operation: 27‘Atypical employment inthe aviation sector | Theoretical naiysie and national reports In the assessment of the conditions of employment with respect to pilots and cabin crew, Regulation (EU) No 1178/2011"* pertaining to air crew is, equally so, significant. This Regulation encompasses the technical requirements and administrative procedures related to civil aviation crew. In addition to regulating the licensing of pilots, the Annexes provide additional definitions supplementary to the Basic Regulation. By means of example, Annex I defines the pilot-in-command, as referred to in the Basic Regulation, asthe “pilot. seoratiet om eae id and. a with the safe conduct of the flight.” Also of relevance soci ts and cabin crew in the inex |, albeit limited to inpose of taking off includes ~ albeit in a limited no duty. Within the maximum permitted working time, block flyin 0 hours. This Directive furthermore defines acorn FeCl HON (ifeEtel Brena pss for the prose often) Ob ae WILE ILL LAM Veet adden aenanes ore stopped tn ol to ensure safety onboard and dminih the potent f human ero, the European legislture thus extlyadnouledged the neces fr fight ce to Be odeuately commision Regulation (FY) Mo 2178/2013 of 3 November 2012 lying down technical quirements and adminétrative procedures feted to cilavationalrrew pusiaet to Regulton (&} No 216/200 of the European Parlament al ofthe Coun 7 pegulaton (EC) No 300/2008 of the European Parlament amd ofthe Council of 1 arch 2008 on Common rubs in the Fell of cil avatonsecunty. council eguttion (fC) Wo 2027/97 of october 197 onaircarer lab inthe event ofacilents council Directive 89/391/EE of12 June 1969 on the intieduction of measures 1o encourage improvements inthe safety and heath of| worler a work 28rested. In this same Directive, it was furthermore stipulated that civil aviation crew are to be granted seven previously notified free days of all duties and standby activities every month, which may include rest periods, and that the working time of air crew is to be spread as evenly as possible throughout the year. Lastly, a number of Directives seek to improve the conditions of employment of aircrew by focusing, amongst others, upon the mutui Shoo gel soc (Directive 91/670/EEC”?) as well as on occurrence report aviation (irctve 2003/80/60%6/V7/- Des tection and crew meniters ps and reparts S ake 907 12010,” jeks revi of te Castabi bn thee such 0 sw and pilots. As a result of this growing tr Sutsourcing, the * coun iectne 91/670/4¢ of 26D Es forthe exerci of functions inci hetero Became mong civton Ease area ee ee cotton ie na ; Say wey "ce Dienanon once ee ee Sete eee ete etal eh ant rps cons, Socal Developments inthe EU ar transport sector. study of developments employment, wages and working conditions in the period 1997-2007, european Commision, 06 Eetgy and Transport, 2007; european Cockpit assoc ation, ‘right ln Safety: European ibis perspective: Theat and clalenges to commer ir vaveport, 2013; European Coclpit Assocation, Pibt Fatigue Barometer, 2012; European CoclpkssSocaton “The Case for FairCompettin in Europe's viaton- Why action & needed to saleguard ouravtin’s ‘uur’, 2014; Dankh Transport author, ‘Report ofthe working group on "Soci dumping" aviation, 2044; European Commision, ‘Report onthe sutabilty of economic reguaton ofthe European i ensport mate andof elected ancl sevkes, Commision Stat ‘working Document, 2015; European Commésin, “impact assessment ofthe Sigle Aviston Warlet on employment and working Condit forthe period 1997-2007, Commésion staff working document, 2010; European Low Fares rie Assocation, ‘iberalation of uropean Air Tarsport: The Benefits of Low Fares Aiines Yo Consumes, sirpors, Regions andthe Envionment, 2008; European Low Fans sine assocation, Socal tenefts of tow Fars sities in Europe’, York Aviation, 207;6. Harvey &. Turnbull ‘he Development ofthe tow cost Model nthe European Cull Avion Industry, Euopean Transport Worle Federation 2012 steer Davies Gkave, ‘tuly onthe effecs of the implementation of the EU avin common mavlet on employment and working conditions nthe Air anspor sector over the ped 197/201, European ommsion- OG Move, 2012 29‘Atypical employment inthe aviation sector | Theoretical naiysie and national reports relationships between cabin crew and the airline as well as between pilots and the airline are becoming increasingly vague Exemplifying the ambiguity that characterises the employment relationships, the study concerned elaborates upon the various types that have emerged within this context, noting in particular the use of temporary work agencies, part-time and seasonal contracts, and fixed-term employment. meme ac contracts is highly a Fira, such ntrelationships reduction, provide mor ety wi ta competitive cea recy individ@al crew me inch, te emaor ehads by cone ath Fethtanoe sea the reson Eran the athens tht onan an area of concern “CLD: //economiaciudadana. org/ Bloyers vis-a-vis d be established ** within this context, the ithin the European aviation industry, States which provide fo fers to the rising Is that employers can ically most advantageous dividual employee. The report * some, ‘fet of EU Uberalsation on AirTanspor Employment and Working Condition’, European Commésion-DGlfor Enemy and Transport, 2008 a p-8-20. ip 28 ip 28-20, Sid goo B.co tet of FU Uberalsation on sir Tarspor Employment and Working Condition’, European Commésion-DGltor Enemy and Teaspont, 2008p. 20-22 Pia p22 30mys wf, With respect to the terms of employment of air crew generally, the report makes @ number of observations. It notes the most relevant legislative measures which safeguard the rights and obligations of crew members. In addition, it recalls that the vast majority of Member States has implemented the pertinent European legislation inthe respective Member States and thus are in compliance with respect thereto.” Moreover, it notes that various Member States have taken measures in furtherance of the Eurg spect to, amongst others, the explict mec ete mre rk working time in view ell asthe grantine 6f(apter amounts of leisure and/or rest times. port, vari. mber States have adopted more styingent rul % een & Desrite uated on merous feport notes, amongst jome base, concerning in particular the impact this has up lst the determination of a home bose acordanceyith fre the competent stl [Ui nana bec bla nr = pect 0378/£¢ oft Ewopean Panerai fh Counc Novem 208 conning erin ares ofthe anton ci vrei orsie 200796 of Nomi Sto cont fuoens genet one Onno rr Tine ct oom ores chil svat oma te steaton of uray sees [s)he tampons Tap Were eden (ite Eyer sac) tuepnn age ie rato sn te rao sca Asan {es et wthets mira meget] ho 209% ef eater eh nthe lamentation of cea eee ed Sionntie pocedae nthe el otcoBaeaton orc, fect oft clement Tampon tmpymentan org Cone, span commision cor Ea on, Sora evelpmens inthe £U ai vamportscor Asti ofdevebpnen employe, vages and ring conditions inthe pio ey S07 omyeancommaron Oo tee ood Tao 200 . scat ser egies ree dese esos, i Dumping Sotelo es Tamper op aL‘Atypical employment inthe aviation sector | Theoretical naiysie and national reports legislation. The legal ambiguity that may arise as a result thereof is, not inconceivably, problematic for the legal certainty of the worker concerned and may result in a loss of entitlements and benefits (see infra —Part 4) A final study of particular relevance with respect to the social protection of crew members is the Report of the working group on — sams 's ane ‘Asa preliminary remark, it need be noted that this report departs f perspective. However, despite its national focus it contains it dumping with respect to a poy corte € ree aT into mine not ation of these two types has led to the emery ork for long-haul flights, and the point-to-p ‘third type of 6del for short-haul flights. The report subsequently del¥ fent models that have been established by these different type: ‘ably, as noted in the report, these owen conpor hot Lanbae/ See MONS SOM La hdd or sates in certain Member States may render access to traffic rights of third countries possible due to bilateral arrangements with the Member State concerned. The increasingly international nature of these airlines along with the noticeable use of transnational employment has prompted the necessity for employers to assign crew members a home base. The latter is to ensure that individual crew members are accorded sufficient resting time and that they " panéh Tanspon authori, ‘Report of the working group on “social dumping” in aviation, 208 32are effectively guaranteed the rights they are entitled to. The premise the notion departs from is that crew members, pursuant to their assigned home base, have access to the welfare benefits of that State aswell as adequate rest time in the State concerned. Further elaborating upon the notion of social dumping in the European aviation industry, the report continues by describing the trends pertaining to employment. It notes the increased use of self employed staff and stu eh ions to the phenomenon of social Simone Aare peeks olen rec Yipes eee ran complaint “ene ae fn an eg! ego \cies anc Ke. transparency is sono 8 sunma§pxthe z 3 : provEBn 2 ia g 3 2. er az “2 Ww m wi a a. sa 3S = € ae s = Ze thes mre 2 As pointed out B ralisation of the European aviation ind had some notable positive effects as The Market report on the suital dean air transport market and of selected ancillary services? further iberalisation of the European aviation mat notes hag maf tagro which has poste impaced esoapinntne Albacete we a Ceo Ss ener Impact asesament wth respect to nde employment or nduced employment rather ak Ascrtaing the employment cndtons the enor finds, sro te freang ud, that ter hos been an nacasein th sof etnurang ar welas nthe seo parte werk Whis ses have been mantaed forthe highest ile workers however, the repr nde that hee Rove been varus complaints pertain to abuse with respect tothe posting of dua crew member european Commision, ‘Report on the suitability of economé reguton of the European ait transport marlet and of sekced acilry| sends, Commasion ta working Document, European Commision, 203. 33‘Atypical employment inthe aviation sector | Theoretical naiysie and national reports Similarly, the Commission staff working document (impact assessment of the single aviation market on employment and working conditions for the period 1997-2007)" notes that the establishment of a single market for aviation has resulted in an upward trend of direct employment. However, in conjunction with this increase in direct employment, the study equally so ascertains the increased use of outsourcing and restructuring processes. As a consequence of evolving business models in the aviation industry, the impact assessment increase of productivity and employment flexibility. Additionally, it mau lon Taras national employment, as a result of the establis ses across Europe by carers combngaith the notions of free movement of workebsiand service & in contrast fore G Associ alisatfoh@{ the aviation an Low Fares Airline studies emphasise positive ef ‘emergence of LFAs. In the report by th Sere porta Giteeion at the Lsierd of te? Carport, urants= characteristics of an LFA. A airlines due to the fact that it uses-@ Bie fom nations network Bray anyon boards and, ws aforementioned, that t employs the panele point bushes: model. The repre continues bY patentee te UMBC ce GO AURRICALGISTALC al anCAE Ge, amos and (traditional) airlines, which ultimately serve to benefit the consumer. Concerning employment and tmploymentcandtanespecicay, the report puntes tae dec employment as nar rainy ara real ofthe emergence of LEAs. Moreover, Reterates on several occasions that the cost gp fetween LA and tadfionl network ntnes cot nthe gest du a songs on bor nee european Commision, impact asessment of the Singh Aviation Market on employment and working conditions forthe period 1997- 207, Commisionstat working document, 2010 european Low Fares Aine ssocation,‘Uberalsation of Euopean Air Tansprt: The Benefis of Low Fares Ais to Consumes, pons, Reglows and the Envionment, 2008 "european Low Fares ine Assocation, ‘Soil nefits of Low Fares Atos in Europe’, York vation, 2007 34Within this context the report explains that the 3% crew costs advantage they do have in comparison with traditional network airlines is to be attributed to more efficient rosters. Additionally itis noted that the point-to-point business model entails that fewer overnight stops are required for crew members, thus reducing costs. Within this context, however, no mention is made of voiced concerns pertaining to FTLs and disadvantageous social conditions for crew members. Home enong ARITA TRAN Gp snes nn ot MC an “ e o, Chis or ), for whom ratios ‘Manife: ences, Cope) a § make use of atys competitive market, e1 amongst others, higher usa a considerable strain on the maintema ge, thus resulting in initiatives to cmnlomen, emnldterca ube Ol Ug aid Oe CL ated ovo (the full amount of) social security contributions. Additionally, employers can potentially avoid being ingly liberalised and is can be achieved by, labour costs constitute a yment from an employer perspective. In d to retain a competitive ed subject to stringent labour law provisions with respect to dismissals, wages and resting time. It is clear that a competitive edge serves the benefit of the consumer. However, as will be portrayed, the maintenance of this competitive edge stands in direct correlation with the employment conditions of pilots and cabin crew members, requiring caution in the use of atypical forms of employment. 35Atypical employment inthe wistion sector | Theoretical analysis and national reports FIXED-TERM EMPLOYMENT Firstly, both regular direct employment as well as self-employment for an airline may be limited in duration. Within this context, all Member States concerned recognise the notion of fixed-term employment. As explained in the Framework Agreement on Fixed Term Work, fixed-term employment is explained as being “a person having an employment contract or relationship entered it dtecly betwen on enol Se NAB PRL eof te emploment contrac x loon acter ee aN cafe ca ompcny eS 0, Example: consequences accorded contract are becoming exceedingly hard to decipher. Example: Part-time work peuiey&conomiaciudadana.org/ ‘A contractual arrangement whereby a cabin crew member for a given airline works 20 hours @ week as opposed to the planned 40 hours per seven days, which constitutes fulltime employment in accordance with the national legislation of that Member State. Diectve1999/70/EC of June 1889 concerning the fameworkagreementonfaed-term workconchaed by ETUC, UNE and CEEP " pscme97/aa/ECoF35 Dievscn4997 conve Tt FRANEWORCAGREEVENTON PARTIE WORE CONCLUDES BY UME, CEEP 0TH ETUC. sui & HAune, Sex Décrimiation in elton to Part-Time and Faed-Term Work The appkation of £U and rational win practice in 33. European counties, Euopean Union 2013, avaiable at _ip//ec europa eu/stce/genier ‘valy/tes/your rete /ex_derimiaton_n-tetion to part tine_and_fwed term. fal en pt 36EMPLOYMENT Via (TEMPORARY) WORK AGENCIES In addition, the liberalisation of the European aviation industry has resulted in the increased use of (temporary) work agencies as intermediaries to —. (self-employed) pilots and (self-employed) See anna een Whilst the former empl employ the li * ~p. a mh whilst} ble foe She a fab Fithat tl going) Chowe 1e aa! igvert jeed bE me Praag 3% one http://economiaciudadana.org/ = european Parlement — think tank report: hnip//www.europarlewopa eu/thinkank/en/document MimPreference=IPOL cunt ert 201 7120507859 Pa 37‘Atypical employment nthe aviation sector | Theoretical nase and national reports Example: Schematic overview of complex quadrilateral employment relationships temporary a diffe je 2, this can b *H2post Plabilty of the Posting Directive a 2 Z, 2 exam sation and complexity of labour relations ir o ‘An airline registered fan country A might hire a worker from ® and base this ‘worker in country C. The a ‘contract for services’ as 2 e labour costs (e.g. socal insurance payments) and in order to si airline onto the worker. —__http:77/economracitudadana.org7— Not inconceivably, the use of atypical employment contracts which conjointly encompass the intermediary services of (temporary work) agencies, fixed-term work and potentially give rise to questions concerning posting, results in legal ambiguity with regard to the qualification of the employment relation. Consequently, it may thus be extremely ambiguous to the individual pilot ¥ work) agency under ® jnaddion tothe prevatet tinteralemployment retions inthe European avin indurtny, ae equal been observed that more complex quadiateralemplymentrebatons fave arsen, whereby ational use & made of 2 poling company the intermediary the evample. Compan ae suchas sok responsible forthe emuneration ofthe plot or cabin crew member fe info Part 1. _Atypcalemplyment an (bogs) outsourcing nciiavation) 38and/or cabin crew member who, insofar possible, is to be deemed the employer and what the obligations and rights are associated to his or her particular status. By means of such contracts, as opposed to direct employment contracts, airlines in particular manage to negate pilot union safeguards. Moreover, the continuous ambiguity with respect to the potential renewal of such (temporary work) contracts may detrimentally affect the means by which a crew member performs his ot pe AAI GRAN Gg e, competitive nature of finding employment in the avi coe Ny opting for such tem tracts, cockpit and cabin crew members m; rely priorit merci of the employer as IF potehtil so maintain the meiibg} nevertheless opposed to tl of respective enfployment, works undér'the di Ut is de facto bound by an employment relationship. Th: ee awarded to direct employees, whereas the same restrictions and despite being with respect to their position vis-évis Grea empties isto cnplyment cn wena BP ert) ancy o, ate, acon thee to ful debt nL SOLA A HUD iden Le dentvaroreons for an individual worker and places him or her in a particularly precarious employment situation. days or place of employment © Moreover, bogus self- ®curopean Cock astocation, The Case for Fir Competiion in Europe's Aviation - Why ation i meded to safegiand our avations uur’ 2008. p.7 "European Cockpit asrocation, ‘The Case for Fir Competition in Europe's Aviation - Why ation i meded to safegiand our avations ‘uur’ 2008 39‘Atypical employment nthe aviation sector | Theoretical nase and national reports Example: From direct employment to bogus self-employment exp) in stark contradiction & (see infra ~ Part 2. IV. http://economiaciudadana.org/ ia "Econs, ‘Socal Developments inthe EUair anspor sector. Asta of developments employment, vages anf working conditions inthe peti 1997-2007, European Commision OG Eng and Transport, 2007 40‘Quote pilot The problem of the dectining terms and conditions of airline plots is not because of the airlines but because of the uncontrolled grow of fight schools which are private organisations and don't care about the fact that their students find a job ofterwards. Each student delivers about 100,000 euros in revenue and that’s the main problem. The flight schools are seling a centr ds but the reality s that there are too many pilots for to0 few jobs. The exces i AN {for free brings down terms and conditions. If you are 100, debt after finishing your flight sch0Ol ie, options available for a job and leave as soon capone foreggee nus ben stowed tee oye Naveen sens ron m worry he ovat States may vary in the aviation industry depending upows din Member tates (AT, EE, DE, IS, ES, NO) the most predominant factors are the type of airline where an individual is engaged, as well asthe clossifcation ofthe kreiv nefhek 1a filial ab ce GocRdbiaer avr LCDS Wypally tend to opt for finite employment contracts such as fed-term work, parttime work and temporary agency work, whereas larger aiines tend to opt for direct employment, Ths is ascribed to the different business models they operate under, a indicated below. Finite ~ atypical ~ contracts are one of the main sources for the competitive cost advantage LCCs have vis‘vis larger national airlines. This "© The content ofthe chaper& substantiated nits entiety, upon the fndings derived from rational county reports of seecied states — see supre~ far'3 scope. the stuly ad feseatth methodoby) Several of the County reports encompassed contacts under whe plot are engaged, wheh have equallso beena source of iniormation or the curent amare However, fr wacone of confidently, he there contacts cannot be dle aL‘Atypical employment inthe aviation sector | Theoretical naiysie and national reports explains, to a certain extent, the increased use of atypical contracts by larger airlines as well, and is demonstrative of the increasing convergence of the two business models. The variation of employment models used across aviation industries in Europe is rendered even more complex as a result ofthe introduction of employment models which do not necessarily hinge upon the classical dichotomy between self-employment and regular employment, Certain Member States (AT, C2, DE) have introduced forms @Rete nt t be defined as being either self- employment or regular emglayinient (see infra Part 2 Ill. A. i of employment relations in selected states), he legal task. What is futher agerav d thereto a difficult increasing internationalisatfo mploymertt relations in the empl it relations. Pursuant nongst others, free = | uN respective hp certain tas Ben the lation Df indivi dent pre of wea ive of the oloees aebeing g nt roo the cA thats due to@hter into © pilots and cabin crew appears to be d ing upon actual hours flown. Naturally this enta feasons during which an individual is employed. Furthe nt to temporary agency work is the lack of certainty employees have in ret Positions, or having their contracts renewed. As a result, employes Have gee Ceara) fo] Gor daReHKY Bria BRR [EHE) offends economically tainted needs of the user undertaking, as opposed to their own well-being, so not to face the threat of losing the temporary contract or endanger its renewal, A particular problem that arises with respect to temporary agency work in Austria is the minimal notification period in the event of spontaneous termination of the assignment. Although initially no notification period was required, this was later amended by the introduction of a 14-day notification period for assignments that last beyond three months. However, particularly within the aviation ™ge4A dus toemerimo force 2035, 59‘Atypical employment inthe aviation sector | Theoretical naiysie and national reports sector, this does not solve any problems as the sanctions are minimal and thus not likely to deter the parties concerned from nevertheless breaching this obligation. This practice can also be ascertained on a larger scale vis-a-vis temporary work agencies in the aviation sector — whilst complaints can be made against discriminatory practice by the agencies concerned, the consequences thereof are unclear, entailing that individuals are not necessarily incentivised to contest such malpractice Forboth yk and Tyrolean Ainsaysy RAAT ERASE af etevance Isoar individuals sk for part-time employment, Oe un with flyniki oly ‘an result in potentially precarious rorgeton part o wages re Jue to the fact that however, seen ets by ‘Ryn none is rather the use of contra fth a basic contract that is supplemented by regular addenda, jal state of uncertainty. The latter iathernee acergegd le lip cvet ef SRT rch aye teem werk wr tenner aezney work of Sa RE cob GaUAMOIH Alida Goal fchaleGbocecany tne extremely competitive market for pilots in the Belgian aviation industry. it has been noted that a vacancy can generate as much as 2000 to 3000 applications. Despite the competitive nature of the Belgian industry pertaining to pilots, it has been observed that types of atypical employment such as pay-to-fly have not (yet) emerged. Yet, it appears that a number of pilots are being employed at extremely low wages, entailing that they are barely capable of refunding their undertaken basic training. Lastly, a related phenomenon has arisen, whereby pilots are subject to type rate training. The latter entails that pilots are obliged to complete an in-house 60a= &., training period with a particular airline in order to be eligible for an employment contract with this airline. In stark contrast with the employment of pilots in the Belgian aviation industry, it appears that cabin crew are predominantly engaged via fixed-term contracts, and occasionally via temporary work agencies, both foreign and domestic. Additionally, the use of student contracts for cabin crew members hos emerged, whereby tuaentd ed Maat contra following 8 aning of two to three weeks. oor Ching, This having been sql ote need b pherent o4R@-Gelgium regulation of employmept\y a lines are at a significant diesdvant countries. The lack SEinitiat ul and-ambiguous ogee welk beingin =p 2 Y ne ates feSponsi id Tre Svcd we ond airing lawith ag by te [Teeech S o gates uit Si Coefh= Travel Sérvices 48 determination of employment conditio the input of a trade union with respect its staff. This is allegedly due to tt ite reluctance by the employer to engage in nego afe subject to various forms of atypical employment in Tava ar, appears that many are in fact engoged in direct employment. However many BIOL st Trove! Services are equally so emploved by agreements on workin BetvCBCGH WEE a Dy ined FAX Bak. BY/pr rare projects, Whilst ts unclear as to whether this s necessary legal vi avis European legislation, is atthe very least questionable as to the safeguards in place for plots. Moreover, a the core of business at Travel Services is the operation of charter flights, large discrepancies exist between the on and off- season. During the off-season Travel Services typically leases out its pilots to foreign airlines, which is obligatory for the pilots if vacancies with foreign partners are not filed on a voluntary basis. This naturally has significant implications for individuals who have familes in the home base inthe Czech Republic, and are subsequently obliged to work from a home base elsewhere abroad. Additionally, Travel Services does provide for the possibilty to engage in part-time work, albeit subject to stringent 6‘Atypical employment inthe aviation sector | Theoretical naiysie and national reports conditions. Concerning starting pilots specifically, employment conditions seem particularly subpar at Travel Airlines. A pilot will be deemed a starting pilot insofar as 1000 flight hours have not yet been attained. Classification as a starting pilot at Travel Services entails that the individual will be deemed a starting pilot for 18 months upon commencing employment, and will be remunerated by a fixed low monthly amount, which does not nearly suffice in view of the costs of their education, and the acquisition of the requisite licenses. ayy TRANS ay Concerning cain ce, iat the conditions stand in = i “elias with those for pilots at fixed-term contracts during the mai -y mei e employed by an agreemer a int recruitment a \e pildtyabin crew procedurg a oe a ner. a aim a is f one + ae ig a eS Cor the ny Caener ay Bere ard f= Use is additionally and tasks for approxima this type of employment asa of an employer dividing a fulltime [a fons. Temporary agency workers are cmtssed patel Es SS TT ST OG pe tor operations in Estonia. Berform their duties at use is often made of part-time work, whereby workers are expe of the normal working time rat itis sometimes the result In addition to self-employment in the aviation industry, use is also made of traineeship agreements. These types of arrangements are proving to be a significant source of concern as they oftentimes result in deplorable working conditions for the individuals concerned. By means of an example, it suffices to note that a traineeship lasts approximately 1.5 years, during which the trainee is obliged to pay the airline € 50,000 per year, in addition to having to provide for their own living expenses. 62a= &., These atypical working situations such as temporary agency work, fixed-term work, self-employment and part-time work have been noted to detrimentally affect the health of the staff members concerned, and potentially their safety assessments during an air operation. Due to the risk inherent to forms of atypical employment, it appears that oftentimes individuals find themselves working during illness, and prioritising the economic needs of the employer as opposed to their own well being as well asthe welkbeing of passengers during ait operations. Moreover, in Estonia generally, it has been found that the surg cept Hindtalh vise: the bargaining power of those who are directly ‘and represented via the means of" aipyatoewe. However, within ploymer eeiions of the smaller airlines vi vith larger a 2 quate ~%, ped aur asin means@he Chi yrlevel wee tn ie Fre d Gm a Plogicalisks, a whithymay e gendep equal al ted particularly applicable to pilot In terms of different typs ment prevalent in the aviati use of short-term/fixed-term ‘ontracts are rather standard However, additional use is made of fi © Cope with peaks of activities in certain seasons, partly ond ete pbeidoriiert cic hart tine orgy other hand is virtually non-existent for pilots in France, whilst it is used for cabin crew — albeft currently without a legal framework applicable in the aviation sector. Nevertheless, part-time work in France generally has experienced a constant increase over the last decade. Lastly, temporary agency work is seemingly not prevalent in the French airline industry concerning pilots and cabin crew. On the other hand, generally the prevalence of temporary agency work has been subject to variation, and has known five distinct peaks since 2000. Of France, there is limited The adoption of a decree in 2006, Decret n*2006-1425 du 21 novembre 2006, which rendered the Labour Code applicable to the airlines with operational bases in France, has resulted in numerous 63‘Atypical employment inthe aviation sector | Theoretical naiysie and national reports cases before French courts. Notably, foreign LCCs (Easy/et, CityJet, NetJets, and Ryanair) have been bed ceuntae for having employed pss and eb rw unde foreign emplamert cota and a temporry work agence, ths vodg the Fench Seda secny Fee, deste these Srineshavng operational bess and subsequent home bsesn ance, As ares, these LCshve been aged to confom tothe socal scnty rege n ance, aternatney eorganse er buses sata have on operon ise cas hoe steed to stetly elucidate the ets and ol cnn Seno oct nt in cewinthe French Mo, S rac Rage penning and acs Tradi rally, a cg Generally, cong ae cabin crew g6@ io depends go the fe volatile during the past Lis bect of the= are co 2. Not inéeticeivably. type of airline acting & it has been held that emp ns of employment thus depend on various f ployer, and the type of employment rel hired directly by Germ jongst which the the latter. Generally, ever, as a result ofthe competitive avction market, ”As aforementioned, the use of temporary agency work has veried and Hously within the aviation sector ~ albeit nevertheless imitd| tones TE HOE oN EB larede CRONE Cs ory aftageous to the slohs and cabin Gea ertonidl Gh etlea erro arrested renduthe individuals concerned in a perpetual state of uncertainty. However, it has been held by stakeholders that the employment conditions are not negatively affected by these types of contracts. Similarly, concerning part-time and fixed-term work, no datais available on the impact this has on conditions of employment. However, following interviews with stekeholdersit has been noted that this does not detrimentally affect the heath and safety standards in place pursuant to European and national legislation 64a= &., Contrary to the foregoing, zero-hour contracts and, additionally, the increased use of the notion pay- to-fly in the German aviation industry is a source of worry. Particularly in LCCs these forms of employment are highly prevalent. In one particular airline, 60% of the pilots are employed by zero- hour contracts. As the legal classification of these contracts is currently ambiguous, it places the individuals concerned in a precarious situation where there is no clarity as to the rights available to them: made between the LAs applic the largest airline in mum standards, Ks to give | printy Qs a : trad, mi ree ath r ich o eam eff NSA yan Iceland oot : ee abi a a Zz oem a a pilots Lifcetan loyees= ‘er sth fl bis oe Gibseat fe other ond ey whaereo a 3 athe fu higeiots cn [ation thereof differs @omewha ‘to cabin crew members. Cabin crew mem subjected to involu Icelandic airlines to mak an additionally be 5 hesitance amongst fowly evolving in tandem st-time employment. Whereas initially tt htype of employment cont with the need for increasing deren by te Osos ALARA Aen NaCl de EOL crotch Suga pists operate land the means fet ease agreement, whereby the pts and aircrafts are provided for by Air VIA Bulgaria. Similar practices are prevalent with airlines established outside of Europe. Nevertheless, despite fluctuations in the usage of various employment models atypical employment and its consequences vis-®-vis pilots and cabin crew have not been a source of media coverage and have, equally so, not been an area of concern in court proceedings. 65‘Atypical employment inthe aviation sector | Theoretical naiysie and national reports Similar to Iceland, labour conditions inthe Irish aviation industry depend for alarge part upon the airline by which an individual is engaged and the business model that ailine pursues. Whit employment conditions at Aer Lingus are generally perceived as being superior to labour conditions at Ryanair, convergence of the two business models ~ national and LCCs ~ has been observed, however to the detriment of the employees concerned. Despite the equal treatment provisions compe Esp nd ey ht en sien ca maintained for employees ae gh Stir nomen visvis regular employees directly en "Co 9, ie pion certo as he airlines concerned. The decreasin ihr con in ireland. althoUgh the. inthe li 5 fenced a surge of court ca: airlines and LCCs in the vario The condtions of emplpynent x ona REPRE he po apf concen. Thi isn particular due tothe fn hoe BEE eG ORL Ua GHLLCEAGLA AAMC cece ning tne labour cost bythe exessve use of atypical contracts, Ryanair eretes Rs coat advantage vir bt other airlines by, for example, “reducing the size of the in-flight magazine from an A4 to an AS format to save weight/fuel and printing costs, and cutting the weight of trolleys and seats to save fuet".*# Particularly in view of the extreme prevalence of intervening (temporary work) agencies in Ryanair’s business and employment models, it appears that the position of pilots is becoming increasingly 2 pyamiry the tabourCour (2007) 150 6 gt ational port 66+ more precarious. By means of an example, it suffices to note the observed practice whereby individuals are hired for zero-hour contracts whilst the agency is under no obligation to provide and/or locate work, and the employee concerned has no voice in the matter. As a result of this lacking representation, fears pertaining to constant changing of home bases and subsequent taxation and social security regimes, are solely aggravated. In ation, the application proces ig pad dsebAgetng dus to the consistent mpostion of publ fcsmodertaheeegeehed rvethe wees nts ae requlredto pave 15 to download ta pplemenie! the completed g paid in advan€@) Par oo 35 in order to submit meta COs "509, which is to be 9, =pre usually in % agenciSince th as lifted in 2000, we have seen a signi established to serve imp the competition outside Scand admits that the use of temporary wal V underline that to meet . At the same time, the airline mployed pilots has been part of their strategy to ensure the hessafy/slebitty jan sips phase:|Coptypet ony ppt two or three months have become the nofm for self-employed pilots, resulting in great job uncertainty. The contracts between the self-employed pilot and the temporary work agency will determine whether the pilot is actually a self-employed person or whether he or she is in fact employed by the agency. If the pilot is self-employed, the agency's role is to be a broker of assignments between the pilot and the airline. In some of the most typical contracts the pilots are, according to national law, in reality employed by the temporary work agency. Norwegian claims that the pilots can choose whether they want to have a contract, which implies that they have to take care of paying taxes themselves or be interchanges. At the sai norwegian rational eport 67‘Atypical employment inthe aviation sector | Theoretical naiysie and national reports employed by a temporary work agency. In addition, the literature talks about a significant group of persons (a newspaper article talks about 1000 persons in 12 months) who were hired by OSM Aviation Group (provider of crew employment and crew management services) to staff Norwegian’s and Finnair’ fights to the USA and the Far East. Their working conditions are in general much poorer than the pilots employed in Norway. The jab insecurity accompanied by the added pressure of recent layoffs rightly raises questions cone TRH system about working conditions with the contract pilots (an audit invgreylan, Carried ou abn an of 2014 reveals that scretions have been received the last 1s"). The assessment of ee rath pyecard wan %, “no reports of Commat the employment tovironment gue Employr Safety concerns, in noted that these jotion and recognition of, temporary forms of emplo ore inhibit the po gained experience. General pt ae prayed ecgeqacereloymgt. However 2 memes inorder of thee eto TO Ee ST or scana and produce requremens fer, ane ofthe ler Spanish ates, doesnot sgn tempera coir for plots wht pansh LCC do he certain numberof pts wa temporary contac abet subject to namerical imation: Temporary contracts onthe other hand are made ue of by both foreign tines and in limited manner national anes However, these temporary contra are solely allowed if they are warranted due to a backlog, a specific project or service, or to provide sibstuton for an employee. These Imtaton sek to prted Indiv aga abuse f temporary contra mfr te oe Member states an employment eation cn be established by 68a= &., means of a traineeship, which is also subject to a large number of limitations in order to prevent abuse thereof. Employment of cabin crew on the other hand is far more varied. Cabin crew, depending upon the airline, are employed via direct regular employment contracts, fixed-term contracts and temporary contracts. However, airlines such as e.g. Iberia do limit the number of temporary contracts allowed. However, sch imitations are fat lesapiigeh i GG (low-cost) airlines such as Veuling and Air Europa. 3 soe (oe ASHI Wey Neither part-tim of forms of atypical employment. These individuals a i that the competent Spanish trade union: , equally ntlyAfound by By, rosters, and benefits je negative perception held crewmembers we gen visi ather Le The fo by employees atthe same ane Bon, as demonstrated in the table Improved cone edSdd bol RUW ete LMA ek sal cgay or staff recruited abroad and increasingly employed by local (as opposed to UK) employment contracts. Example: Flight crew satisfaction at easyJet (2001) Aspect of work %Dissatisfied | % Satisfied Salary 3 a 96 naney 6p Tumbull ‘On the Go: Pioting High Road Employment Practices inthe Low Cost Aine Inst’, 201, iterasonal Journal of han Resource Management, 2(2)p 236. 69Atypical employment inthe wistion sector | Theoretical analysis and national reports Pension 52 48 Leave entitlement 3L 69 Sickness benefits 38 62 ‘Access to flight manager 3 62 Disciplinary procedures a 16 [beam et AOGRY PATE ater ight een? Ce management) Wanacement ~& youn a & S S oe, ats Telucid pective? & Sats S o be ol bec Ss va of the employment relationship sted by the emp) 2, the qualification of employment relations can self, or by the competent authorities. An additional phendm som that g-arser pr felt of bbsus|saremployment/in Austria, and subsequent bogus companies, is the notion of payrolling. Payrolling refers Specifically to the employment by a (temporary work) agency for pilots, irrespective of their specific status as a worker or self-employed individual. it entails that the agency exercises a minimal role in the employment of the individual concerned, and the user undertaking makes all relevant decisions, which in a normal employment relationship only the contractual employer is entitled to make. The contractual employer, thus being the agency, is accorded solely the responsibility of remunerating the worker, and has no additional say in matters of employment whatsoever. This raises the question as to who is to be considered the actual employer. This becomes especially relevant in view of the fact that 70a= &., employment relationships are assessed upon the factual circumstances of the case rather than upon the qualification given by the parties concerned. Moreover, it raises the question as to the repercussions vis-vis the agency in the event of retroactive requalification of the employment relationship. One of the greatest concerns with respect to bogus self-employment in the Belgian aviation industry is the lacking statistics and pee wat Despite the Programme Act of 27 December 2006, which lates what constitutes ‘employment, and the ‘alien rine by the g ; ong employment is pefeeived as tion of bogus self: Qua tisp eral mi ma are in place in order to insight into the magpie of diigo Individual compl ? usty in Beleidiy is pa , pits the deities Q ~S © Bone i, f- has ke@n cprrtica » bo Gelf-e s, that Sis fl rnin, Lepilots = i m in conjunction with Moreover, mention need Le. Loi du 10 juillet 2014 visa déloyale. This new law obliges, amongst others, companies that are ance to comply with the provision of requested documents, tes =/ fees ris get nse sgauiemetspraheeneraly strengthens the sanctions applicable to lumping. 0 fine, which may reach € 225,000 1e newly enacted French ployer is a company. ‘cial dumping in France, Similar to France, when unveil 1g bogus self-employment in Germany, reference is made to the characteristics which describe a regular employment relationship. In particular, the condition of personal dependence will be determinant of whether an individual is to be deemed self-employed or an employee. Personal dependence is to be distinguished from economic dependence, as the latter refers to a situation where an individual is dependent upon the remuneration by the employer, yet "These judgments concerned the requalfcaton of an employment wbtiomhip and venture into the elements requisite for the ‘alfkationofsel-employment. nm‘Atypical employment inthe aviation sector | Theoretical naiysie and national reports has discretion in how and when he or she performs the required services and/or duties. Personal dependence on the other hand is the scenario whereby an individual is not only economically dependent upon the employer, but is also not free to decide the manner by which the required services are performed. If a self-employed individual in his or her relations with the employer is thus personally dependent vis-#vis the latter, this will in all likelihood constitute a case of prohibited fcc he mn Ahn een ne ceed and roe out ent When dovere, the Seen een fe et, Amer well as potential Sonment_up e sevel ithe consequences depend for bogus 5 ployment is sanctione: able legislation with respect to bogus self-employm related to the aviation industry —it has been observ ise of bogus self-employment on P ailing that no specific regulations are a ‘which define or bogus self-employment in Estonia, provide for safeguard Comparable to the situation 1 ‘of legislation concerning self- employment, no relevant legislatio sett and sanctions bogus self- tree soremptom CE Ceo eT tint i Ae aviation industry. elucidating the notion of bogus self-employment, In contrast with the aforementioned Member States, in Ireland (bogus) self-employment does not hinge solely upon the notion of subordination. Rather, as aforementioned, as a result of the lacking conclusive definition of what constitutes (self-)employment in Irish legislation, Irish courts have been instrumental in the determination thereof. In addition to the three-tiered test entailing a verification of control, integration and economic reality, various others factors have been enumerated which nRa= &., serve as a means of distinction between self-employment and regular employment (see supra Part Il B. |. Comparative Assessment — Ireland), Much like Ireland, bogus self-employment in the UK does not hinge upon the notion of subordination only. Rather, recalling the aforementioned legal tests (see supra — Part 2. Ill. A ii, Regulation of employment relations in selected States), bogus self-employment will be determined based upon the soy ios fairs kf AC BRAG tes mf he ft ha i (bogus) self-employment, e rise generally and in sector specifically. “ Ws pertaining toc oe contracts employs ite sence leation cmboget zerhour bet Ris been ed thts. eral aerstood not t ment rel ese coitfacts, Is a lly have icultig workets, assum of his BF, lier cra whic, Zoltima ting techni thee great dus ae # g Sc 9 z g oe en atypical forms of emptoym have not been formulated. As a rest Wwith by relying upon generally formulated pro 5 sector-specific. In this stablished with the objective afticularly. Equally so, in order to unveil satortesmus belle se /fecenforeentaeartray tm sim In Austria, it is primarily the social security agencies that have undertaken initiatives to counter abusive practices by airlines as well as bogus self-employment in the aviation industry. Despite the foregoing, however, no specific regulatory action has been taken within the field of aviation to counter these tendencies and the labour inspectorate has yet to play a role here. In addition to the social security agencies, Austro Control — a public company that checks regulatory adherence in the ‘Austrian aviation industry — has undertaken checks on adherence to conditions of employment Pertaining to, amongst others, maximum flight hours and rest periods. However, it has been of combating bogus self-employment B‘Atypical employment inthe aviation sector | Theoretical naiysie and national reports criticised for not adequately regulating temporary agency work, thus leaving room for abuse. Moreover, it has been held that there may be issues of conflicting interests as certain employees of ‘Austro Control equally work as freelancers themselves in the airlines concerned. [As mentioned above, little insight is available with respect to bogus self-employment in Belgium. Despite the mechanisms in place to cna bes eradication of bogus self-employment, prevention remains a particularly arduous blah &éisiGhyndustry. Nevertheless, a myriad of measures are available eee of such cme Within this content, mention need also beade ere = wow the sol secunty and labo S infu ot th Se hori substantiate; nine indicators. Depending on whether half of the are contplied ‘ent relationship will or will not be presumed to be. Secondly, thereof with, amongst oth Register. A self-employed individual adopted the Employment particulars of hor her se employment. Needlps, fo 20, fis could Be-dsed as 0 tool fo further eradicate bogus sf creloyment. n adttk yh? XCAR ICU hCG fa COT terete the notion ofan employment contrac in abroad manner 30 a5 to indude bogus se-emplayment Eaually so, labour dapute committees have proven esourefl in combating abuse of atypical forms of employment, including open-market traineeships, which —as aforementioned — are a serious area of concern in the aviation industry in Estonia, In France three distinct institutions can be identified as combating bogus self-employment, ie. the labour inspectorate, the social inspectorate and the National Delegation Against Fraud. The latter papain the former normative department ofthe commision forthe regubtion of working batons 7”a= &., was created in 2008 with the intent of coordinating the efforts by public authorities in the fight against social and tax fraud. It operates via operational anti-fraud committees which coordinate the tasks of social institutions and state services. In addition to the strict legal framework which explicitly prohibits bogus self-employment, the cooperation between the competent and relevant institutions is continuously reinforced so as to ensure zero tolerance for bogus self-employment. Moreover, the pilot unions play a pivotal role in desea a ical employment of pilots and actively participate in coutorsecine aan similar to France, neal amongst others, The effi onthe 7) Germany, including, sy authorities. In themselves. = Specifically, this would have employment-rel axreletéd seq in sol gun of once! az f caf tS epics safety= Broced safely ‘anthe pi ‘sult fom employient and pilots and cabin cre ‘temporarily employed. fonitor this issue. They concentrate on health 3s of nationality or regardless of wheth sibility includes foreign airlin ety issues for the cer is permanently or in Norway. ground re Hower Reed Liste Cape GoM AMV Hotld aca coms In Spain the labour inspectorate is responsible for supervising and enforcing adherence to the applicable labour legislation and thus responsible for unveiling bogus self-employment. If a case of employment contract“* Nevertheless, despite this mandate, investigations into bogus self employment and abuse of atypical employment relations in the aviation industry in Spain are limited. = the avationseciors exempt fomsome ofthe reguton inthe aw. The most important exemption & working te, "The consequences seem ater ited vive other Member states B‘Atypical employment inthe aviation sector | Theoretical naiysie and national reports This is in part accredited to the fact that many of the complaints arise from employees in foreign with operational bases in Spain, making it politically more sensitive to intervene and investigate. Additionally, despite the employment conditions, which are often declared deplorable, political considerations serve to tolerate these conditions. It suffices to reference the increased source of tourism in Spain as a result of the increased access to remote areas by LCCs. ose AO PANSATL yp Lo, http://economiaciudadana.org/ 76IV. PERCEIVED AREAS OF CONCERN AND DISADVANTAGES OF ATYPICAL EMPLOYMENT Best pracmices ‘Anas oF CONCERN ‘Ausraia | Social dialogue iephvotalas damonsratedinthe | Agency work isnot adequately regulated en the Bi visions to combat atypical employment in dyantaged by on a sectoral level and company level icantly contribute to the amelioration of NN “N33 Nos ein, Various atypical forms ‘regulated thus proving legates rresnomnn dr oad SEQHOMMIA with trade union representation are deemed acceptable Atypical employment isnot very prevalent inthe swiation industry 10 vee condtions. WAN .OC OL snes zmtsn carrlation withthe lesser working conditions of pilots and cabin crew members. Cassfcation as ajuniar pile in certain airtines entails inadequate remuneration ta cover essential Estonia Employment conditions are generally above average _at bigger airines, with wages, leave, workingtime, "Ambiguity concerning the qualfication of an| 7‘Atypical em loymant in the aviation sector | Theoratical analysis ani 4 national reports ‘raining, termination, and health and safety being considered average or above, ‘The existence of labour dispute committees has helped improvethe employment rights of atypical workers, such as those of trainees. ope RAO TRANSAzy, ‘employment relation ‘Trainees are performing tasks of experienced plots without requisite supervision. Heatth and safety standards may be affected a5 rest of atypical work =; Ms ovestey http://economia Such as, amongst others, the increased ‘se of zeroshour contracts WA A A QL Oe dases wien ‘results in legislation shoppingto the detriment of, pilots and cabin crew members ‘CLAS set the minimum standard for employment conditions and cannot be deviated from. Spectictrade unions have been established, as ‘opposed to representation slelyby an umbrella Increasingly complex employment relations give rise ‘0 accountabilty inthe event of ar operation mishaps. "No specific meacures aimed at combating Bogus sei- 78| |e ‘rade union. ‘Spectic legislation (amongst others forhealth and safety) has been adopted forthe aviation industry -upplamanting and prevailing insofar necessary over {general employment legsiation. CERRITO T Lece. employment Lacking survllance renders dificult to acquire 2 camprehensive overview of the amploymant candaions in Ieland geen fis © S ‘Z m7 Lees af} gq http://economia Com-effective measures implied c (employees are forced to cut sal more flight hours and reduced under private law and fic measures aimed at combating ployment COURSE cine based, and itisharéto control this San “Trade unions have proven essential in ensuring ‘employment rights enforcement. Successful busines models are able to remain on the market due to cost-effective measures that do not jeopardise employment conditions, but rather, focus Commercial interests are prioritised at the expense of health and safety concerns. Discrepancies between national and European standards resut inthe negation ofthe stricter Spanish standards 79Atypical employment inthe wistion sector | Theoretical analysis and national reports ‘on intensive use of aircrafts Lacking certainty concerning home bases results in unforeseen and arbitrary changes of home bases. Legal enforcement of employment rights is complex ang time-consuming. Malpractice is contagious. TRATADO TRIN SAT dpmatrneneng wth pe os ote on Lacking trade uni Gf eosyet,resuiting in significantly ployment conditions for pilots and ries oe) s z The modelofemployment, which predominated in mort ndustraed countries for mich ofthe et centuny, wae based onthe es of anemploje the ‘nak breadwinner) working fulltime, wthstandant hour (aval ' 1057, fe dye wee) fora singh employer wah 2 faed wage and wel-defined benef eg seers benefits, pai! holdays, company pension scheme ec) ©G-raney &P. Tumbul ‘voluionof the Labour Market inthe sine Industry due fo the Development ofthe Low Fares ines (425, ‘european Transport Worken’ Federation, 2032, avaiable at Itp uu etheuropeomfiks/etranet/75/At106/UFaSszofaRsz0reporsiz022016 pif; and G. Maney & P. Tumbull “The Development ofthe Low Cost Model in the European Cli Aviation Indust’, European Transport Worle’ Federation, 2012 2able at hup/t tfobalorg/fiks/ewanet75/25504/FiaPs28rechuress201FS207208 2 ta sermacak, Socal Dumping: Poltkalcatchphase or Theat 1 Labour standards, Euopean Trade Union Wstiute, 20125 and G {orey& P Tumbull The Development ofthe Lo Cost Model nthe Euopean Cilsvation Ills, op ct SAIRSCOOP, ‘ana states, 203... the words of asco? on Ryanair: "Ryanair manoged to ocieveinrelbe cost contra by forming the perfec alone of flewbilty cand productivity" IRSCOOR, ‘Ryanair staegy, 2013... 80a= &., conditions. Whilst the latter are of the opinion that they have deteriorated, the former contest this. bn this spc, the potertal downsides ofthe evolutions and adveree affects iste plat and cabin crew genraly become ncensingy dent General, R ean be held thatthe concrns seco tothe fanreshing ees of the theron of the Eaepean ation industry martes SALI ba Ray egtalereerdingsprable legion, ind subsequent competer respect to social security Donets pal whe ste of meray mpears that mat yarn raner themstves in vrious manner the determination ofthe entelemerts More the lierlaed guste the lacing paren adequate ies difficut oS yncern| denjed ‘eeitain( of the Utmost importance to dete! labour laws ples to the EU citizens engaged inthe field of aviatignsOr ne fe Eurpiean pro erally and the Mindful ofthe increas f rendered particularly difficult to determine the Pl applicability of Regulation (Ec) No Pers Ag a rath the Ber ot scat vecnty bette potentially threatened., Not in SEAN O could result in the denied receipt of certain social secur benette debdAddotnf AACA Miaka GAL Lolita yee tha neqution (EC) No 883/2004 accords much weight to the employer in determining the responsible state for the dbuscmen crea boafte As aferemerdined, nasty erent ves ecencis me ced upon for the provision of air crew generally, it may be hard to decipher who is effectively to be deemed the employer ~ subsequently rendering it difficult to determine the responsible Member ° tcons, Soil Developments inthe EUair anspor sector. Asta of developments employment, vages anf working conditions inthe ind 197-207, ruropean ommision- OG Energy and Transport, 2007 Subowinated hours oppred to independent or autonomous worker (the sttemploed), woul chim to workundera contact of "see eg. vanish Tansport author, ‘Report of the working group on ‘social dumping" vation, 2008 aL‘Atypical employment inthe aviation sector | Theoretical naiysie and national reports State, Indeed the notion of home base was introduced amongst others to canfy which State is competent for social security claims and thus to provide the pilots and cabin crew members with additional clarity concerning the applicable legislation. However, as will be demonstrated below (see infra — Part 4. Ill. C. ii, The home base: a new specific rule for flight air crew members) much ambiguity nevertheless persists, As aforementioned, itis clear that current, much variance = detectable as to the application of the notion of home base: certain aitines do nat specty the effective home base, viet alee Dts msi that this can be liable to change. Not ineglcaivably this renders the pilots and cabih/ef€w members in a state of the ‘an aviation industry: c&inployers: er for the econon{cilly mo within wee th indiyfaal emp) RT UNION PROTECTION jerged employment http://economiaciudadana.org/ © id p22 ibid 938-20 wid 22 European Cockpit sssociation ‘ght bn to Safety: European pibs' perspective: Thats and challenges to commercalartrarspor, 82a= &., . SAFETY concerns ‘Quote pilot Foir contracts are important not only for the pilot himself, but also for fight safety. Special employment contracts ike “pay to fly" endanger fight safety and should be prohibited! es eh TRATADO eA S Tis industry i @ agit em to apply to the viocon inusin d those ha 20TH h ‘another major ‘accident for thinds to chan ore se these days ing st Is of Bs can be Quote pilot and co-pilot jon of FTLs. Particular on (EU) No 83/2014 to be applied in 2016 — are night ti igue. Equally noted as an issue concerning FILs are the discrepancies wi fandby duties. Under the current rules, standby duty from HEE AB fof aaRERG hice i linet REED ati ia Eation and thus sae Annex i Secon 2) of Regulation (EU) No #3/2034 of 29 mniary 2014 amending Regubtin (EU) No 96/2012 ying down technical requirements and admingtratve procedures ted to airopertons 'S european Cockpit association, "lght Plant Safety: European pbs perspectve: Threats an challnges to commercalirtarspor, a. "european cockpit sssoction “it Fatigue Barometer, 2012 "european Cockpit association, ‘ight Panto Safety: European pbs perspective: Threats an challnges to commercalairtarspor, = nap ack be/ni us /belge/acht-opde-tee-belgéche-plbtendommelen-vateers-inacherstuuarick- normal 309673 aml, p/w tmackbe ews Gi pibten namitviegenab-zesiekzij-ramicontlem/artzk-normabe3328 hl 33Atypical employment inthe wistion sector | Theoretical analysis and national reports fem endangers the safety during, rs (see Part 4.1L. C The applic a Nila A rea 5 of Shdeper rent $6. oes o® aa oe I re a -= e 2 resul ‘whereby junior pilots are held to 0 dre held to operate flights with limited mack Opra—Part 2. Ill. B. The impact of atypical work on such scenarios could have a detri jidance and/or experience shadowing the competitive edge this may give employers ‘fittp://economiaciudadana.org/ D. Lacking TRANSPARENCY Linked to these concems, it need be noted that lacking general transparency and oversight in the aviation sector by labour inspection authorities render it highly difficult to distinguish between the legal reality and the de facto conditions crew members are subjected to.“ Moreover, mindful of the transnational nature of contemporary airline employers and the establishment of bases and European coc astocaton, The Caze for Fir Competition in Europe's Aviation Why action ke meeded to safeguan! our avations future’ 2008 34+ subsidiaries across and outside of Europe, in conjunction with the free movement provisions enshrined in the Treaties, it is becoming increasingly more difficult to verify compliance with European provisions of the employment conditions of crew members. The lacking oversight and subsequent enforcement — not inconceivably ~ further prompt lower compliance and abuse of the lacunas in European aviation law.” JRATADO TRANSay, E concunme cues Mtv The growing con these em ible pred personnel ead con and that fi situation of flight inthis regard 1g against weefen Bren sm, math 2 Sos a ithe ae WwW (2setting ings. The pil fferent= a of fe ee 7 to“@tnploy 's company Competition is tough, and competitive. Unsurprisi folve personnel cost savings. Negotiations between personnel a Tesulted in an agreement. Several during the ster t BOE cd oP GPITS UANS TI EAE lOO fenton se 2013 against the job cuts proposed in the airline's transformation plan.** New business models, such "© european Cockpit association, “ight Pn to Safety: European pbs perspective: Theats ae ctalenges to commer 2aas. pt hp theporugalews com/e vs /tap-goes-on fourday-srile/ 33009 “wor teourale/ae ngs ruption 1492532 ay2034/ "= pr retescomvarel/ 2019/08/20 usar ance insti US¥NOMFOE9 20140820 "tr business eekcomv arcs 2018-09-28 europe ges-fed-up- with striking plots at aitrace-utansa "= up /fotune com’ 2024/20/30/piosstes-ravage-eamings 2 uopes ates). p/w ewsnenglshno/2013/11/01/noroegia-res to vaste. "p/w com/articksaie-rance-hn prot falls pbs strile-hur-thi- quarter sas 141856302 "pz/centeoraiaton com/aralss/ber-stles-the-challege-to-one-ofeuopes ast productive weldorces 38577. ie ranspor, 35‘Atypical employment inthe aviation sector | Theoretical naiysie and national reports as LCCs, provide an extra impetus for airlines to remain competitive. However, questions can be raised with respect to the way in which LCCs achieve their highly competitive position: if such an airline manages to employ personnel under more advantageous social and fiscal schemes than other airlines, they have an edge on other airlines from the very start. Other airlines have attempted to take measures in this respect: in May 2014, the Belgian Air Transport Association, a group of the rain Belgan stn companies, odd ofvenar fo nf cmpetin tthe Brussels commercial court. tt tatad ti AY ered by Irish fiscal and social coders we te caged re worn n gan. The snl hosbeenpicked up bythe medi esq of sry Tor BIS ain ren fr p, whidyAgpresents more lots Revieony with situation for many plots in the EU cesepiet ttp://economiaciudadana.org/ ‘Ask me again in two years time and see what my situation looks lke then. p/w standard be/ca/dezoa40ss3 01103288. a uptrend lack. te/econome/ bed ven/plotenzip-nkete-sprelen-oververtonstandigheder bi; naraivfartce- normat nasa hm * hp/tvends knack /economie/"yanaic plot group eb eemelle contract vooral-plbtewanele-nowat 5403 Ml, py /wrweconométcomvbiogs/ulluer/2033/08/rarai 86ays got WERSION EEUU. [URop, 4 http://economiaciudadana.org/ 87Atypical employment inthe aviation sector | Statistical dats and analyse Part 3, SURVEY FINDINGS 1. Intropuerion mented es, he eel ef a to Pete scl pts he aviation sector with objective af pegs of ae employment emerging in the Europ; a f, er detect potential abuses ai Ca ty the subjective and objective reasons that imotivate_a different from rates op or oath ide {9s of employment %, ‘of cabin crew have been the subject o he state of affairs of forms of employment of cd At pilots specifically which was presented as an online The concrete questions of from the survey after the quantita http://economiaciudadana.org/15.1% of respondents indicated that they are French, 15% Dutch and 11.1% to have UK nationality. The graph below presents all nationalities that are represented at a level of at least 0.2% in the group OATANO TRAM ra 1“ 2 0 3 5 ‘ 2 0 SSege ERFEREEZEERSEZ ESS Eseee gESa5 SEER SES ES EE ERI TYRESE S ¢ EEBEE PPLSEEPIPLD ERIE LEG GEE g a3°° a 2 o etie ge°* z 5 Be uw z Cc S ce France Netherlands United Kingdom sweden Germany Belgium Italy Ireland Norway Denmark Spain Switzerland Austria Portugal Finland Ieeland Frequency 1001 996 737 723 485 429 250 219 207 175 172 108 107 87 68 68 151 15.0 wa 10.9 73 6s 38 ssdana.org/ 33 26 26 1s 16 3 10 10 oun, ‘ 39Atypical employment inthe aviation sector | Statistical dats and analyse cree JRATADO ERANS Aa oe yon 2 Wn Cadac 0, Grech Republe§ Hania 2. What is your age? a. 20:30 b. 3040 < 4050 d. 50-60 €. 60or older the lar respot red under missin Missing =2030 30-40 4050 1550-60 Fig. 2 Age respondents 1560 or older 90ayo 3. How many years of work experience do you have as a pilot? ce onsale oe eis rs S % ye) O © a Missing 04 ais 535 540 1m more than 10 S a B S = m ay Se € a s In total, how many flight hours do you have so far? f less than 500 500-600 600-700 700-800 800-900 900-1000 In this study, 93% of respondents indicated having more than 1000 flight hours. This comes down to 6151 respondents. on{Atypical amploymant in the aviation sector | Statistical data nd analyse. ok Ayman 3% = Missing 1=500-600 1600-700 1=700-800 1800-900 WV; To 1900-1000 se less than500 = morethan 1000 Fig. 4 Accumulated flying hours 5. What kind of airline do you work for? a. Network airline b. Low-fare airline Charter airline Regional airline Cargo airline Business aviation Other —please specify [open question) O The largest group ® The second largest er0 (N=3008) in this study stated they work. pondents indicated they fly for an LFi http://economiaciudadana.org/ 92feuoreu Uoneurquio> peuyapun ye tofew UUoneine fes3499 fepiauuos seuey swaH 1046 yo/rado>1oy Suyuen/iopnnsu wBI ay PUP AWA enapa w /ssoursng epting :MouHi9103 /aouane ony of noyam /auou auyepun ‘yds pewiay euaty ‘Axel /2310) 18 ‘ny 's1n106 N59) spaurBue snquiy SBUpAys yom jeuse aUypun 20M ste SOM RUBE sfanans jeuse ‘fyde Bor0yd jeuse amynou3e jeuse pauyap sue foe3a, sure jo s2dAa uoneurquios Regional airline Business aviation sm Network airline sm Lovefare airline = Charter airline Cargo airline ind of airline do you work for? ~ Other & E z UA JSas0 Se 6. Your activity is Fig. 5 Kind of airline a 93‘Atypical employment inthe aviation sector | Statistica ats and analysis 71% of respondents stated to work medium and short-haul. This comes down to a number of 4733, respondents in this study. 2% Missing NSarvy i, ‘long-haul Fig. 6 Activity kum SAS. Easylet Norwegian Tu AerLingus Transavia Wire Hop CathayPacific DHL Fybe ‘Alitalia West atlantic airines Ryanair BrusselsAirines Air France Luthansa Cargolux BritishArways AirBertin Swissair Tyrolean Croatia Aairines leeland ar Fig. 7 Top 25 airlines 94ft é Eg i Table 3 What airline do you work for? Top 25 (If 20.1% representation) Val Frequency % TOTAL 5400 «B14 Ryan Air “re osbnl Aen, ku ost! inn ty set oe al Coo, Y, Norwegian Qs" by S ee Lufthansa Isthe airline you currently work for the first airline you have worked for? a Yes b. No 3222). For another 49% this is not 49% of respondents claimed they still work for their first airline (I the case (N=3128). 4% of respondents did not provide us with an answer to this question. hoe: valid 6 colums shows the percentage of pbs recakulated vithout the massing data 95{Atypical amploymant in the aviation sector | Statistical data nd analyse. ves ATLA “Ning, & Fig 8 Curent aitine fist sirine? Ge. S %, Sp O ‘Fn (@) oO se i. How many other airlines have you worked for? a g oh g S a fi m | = g Sc 5 ] > =a S$ a Fig. 9 How many other airlines worked for? http://economiaciudadana.org/ 96For what reasons did you start working for the new airline? To get closer to your home and family Better wages Better terms & conditions Better general working conditions More flight hours Type of airplane Regional / continental / intercontinental flights Public image of the company Other reasons — please specify [open ou . Better general workin E More fight hours, Frvpeorarine hth: //economiaciudadana-brg/ G Regional/continentaY/intercontinental fights H. Public image of the company 378 57 97Atypical employment inthe aviation sector | Statistical dats and analyse 11600 1400 1200 11000 800 600 5 400 & 200 o Fig. 10 Reason changing airline What is your relationship with the airline you currently work for? a. thave an employment contract with the airline directly What kind of employment contract? a. an open-ended employment contract b. afixed-term employment contract € astand-by / on-call contract b. 1 work for the airline via a temporary work agency with which | have an ‘employment contract What kind of employment contract is this? a. this isan open-ended employment contract b. thisis a fixed-term employment contract c this is a stand-by / on-call contract, © I work for the airline as a self-employed worker via a cooperation agreement concluded with the airline directly In this study, 5259 respondents, which is 79.3% of the total number of respondents, stated that they have a direct employment contract with the airline they currently work for. This means that 1071 or 16.1% of the respondents in this study reported another type of contract which, according to this study's definition, can be called atypical 983 aoc NERECHNe ~ 2% 4% . Fig. 11 Type of relation with current airline Missing 1 Ihave an employment contract with the airing directly tu IWork for the aiine ara sel-employed worker via 2 agreement concluded withthe aitine | work forthe aiine via a company tu |work forthe airing via atemporary work agency with whieh Ihave an employment contract, sie afferent relationship — a Ss % 2 = Missing 2 o mDirect = Atypical m Sc = a I Fig. 12 Direct employment? Z, 2 oF thi’s259 r. fect employment contract, 4545 pilots (87%), at they have an opeprended tract, 690 (13%) that they have a fixed-t loyment contract and 17 (0.3%) that » Fig. 13 Types of direct employment contracts stand-by/on-call contract. sm aftxed-term employment contract sm astand-by / on-call contract 15 an operrended employment contract 99‘Atypical employment inthe aviation sector | statistical dats and analy, 359 respondents (5.4% of the respondents in this study) reported they work via a contract with a temporary work agency. Of these, 258 (72%) reported they work via a temporary work agency under a fixed-term employment contract, 88 or 24% under an open-ended employment contract and 12 or 4% under a stand-by or on-call contract. mafixed-term employment contract a% mastand-by / on-call contract ‘= an open-ended employment contract Fig. 14 Types of contracts via a temporary work agency company, snes, Lamthe only shareholder inthis company, ves, this thed. termempboyment aes together ‘with another panner ves, this astand by/omeatcomact ines, together 85th isan open- ended employment ‘with another pilot Fig, 15 Shareholder in company? Fig. 16 Type of contract with company 71% of the respondents that answered this question stated that their company is a limited liability company. When asked if these companies have a cooperation agreement with the airline, 65% of respondents confirmed this, whereas 35% stated that there is no contract between the airline and the company (see Figure 18). Of these companies, 15% is not registered in the EU (see figure 19). 100sm a’micro enterprise" ma cooperative company ‘= alimited liability company maoneman company Fig. 17 Type of company group, called the French branch A limited company, however & fo nf ocmation ‘who are the other shareholders ete [AUK branch of aK hacen Attpry/economiaciudadana.org/ aitine ATO, a/c training org. beaker Carriage salary Company set up by West Atlantic/West Air to outsource cheaper contracts in Denmark via Grant Thornton Corporation Contractor- Brookfield eICAviation 101‘Atypical employment inthe aviation sector | statistical dats and analy, T work for Norwegian Air Norway, a daughter company of Norwegian Air Shuttle, 7 itd 1 not sure 1 Offshore 2 Standerd Leasing company 2 the mother company , 1 They only provide contract fopug|, TRATADO TRANSAry 4 1 Wholly owned subsi ay WI 1 es oe 5 % S Thisis the labour law ofthe country of your oficial home base S This is the labour law of the country of the airline's registered office 2 [choose this option if different from the official home base] S Thisisnot mentioned inthe employment agreement mn | dort know a Other- please specify open question) Ss a 2 dicated as the country of the applicable labourfaw bythe resppndent employment contract (see question 9 of pi the sunley 74). This graph gives an overview of th ies that are a ie respondents in this study. Only respondet ‘an employment contract (direct, via ‘this question/were able to provide an answ rary work agency, or via a company) were p http://economiaciudadana.org/ 1024 +1000 900 800 700 600 500 400 300 200 4100 France Netherlands United kingdom Fig. 20 Country of necree Z a labour law United Arab Emirates Iceland Portugal croatia Hong Kong, Turkey Hungary Finland Singapore ar other ‘Switzerland Spain Denmark United Arab Emirat Austria Iceland Portugal Finland Croatia Hong Kong Turkey 6 ‘Tittp://economigtiudatana.org/ 65 62 59 48 aL aL Hungary 33, bey 9403 -mnag yoguat?{Atypical amploymant in the aviation sector | Statistical data nd analyse. Jersey Defined country Guernsey Combination European Fig. 21 Country of labour law - Other dents indicated that this country is the same count official fer cases respondents stated that the country of, law applica la This isthe Inbour law ofthe country of your official home base This isthe labour fw ofthe country ofthe aidine’s registered office [choose this option titferan from the official home base] ls This is not mentioned in the employment agreement 121 don't know Fig. 22 Country labour law same country home base? 1A. Isthe registered office of the airline in the same country as the registered office of the ‘company with which you have concluded an agreement? 104zy For this question, 79% of respondents (N=5231) indicated that the registered office of the airline isin the same country as the registered office of the company with which they concluded an agreement. ayes mNo a Missing Fig. 23 Country registered office of airline same country registered office ¢ of company with which agreement? S$ 1200 1000 200 «00 400 200 CveueSgrPPEESEEY SS EEE ELE eBags 28 ERR FEHR CET ES g 8 ba 2°62 @ < = 105‘Atypical employment inthe aviation sector | Statistica ats and analysis Table 7 In which country were you recruited/first contacted by the company? (Top 0,5% representation) mama Ute ingdon ha ands TRATADO FBANS Sy Sector gy 8 ‘oe ine, crmey gi 2 oy Missing Ireland 13. In which country did you sign your contract? Figure 25 shows the countries (top sspondents indicated to have signed sarcomas http://economiaciudadana.org/Ex a on ooo ooo m oo so re so » i» ° yg 2 2 ¥fSErPesEeee PPEGPEPPSS7ER PEPE P PEER EE PP gagetes EET E< ES EE RSE SS zE is a? 5 5 Fig. 25 Top countries of contract signing Norway Belgium italy Luxembourg 7 oa http://economigtiudgfana.org/ Denmark B49 austria 4a Portugel 042 iceland mun United Arab Emirates sot Finland 548 Hong Kong 407 oatia as__o7 107{Atypical amploymant in the aviation sector | Statistical data nd analyse. Poland 40 08 Turkey 38 os Hungary 35 os http://economiaciudadana.org/= cee DERECLIAG 14. Do you have any other occupational activities? a.No b.ves These other occupational activities are 1. Inthe aviation industry, as apilot This other occupational activity as a pilot is 2. on your own account b. for another airline 1. What kind of airline? D a. Network airine b. Low-fare airline charter aitine z m d. Regional airline a 2 e. Cargo airline Qo = Business aviation m by & Other- please specify e a 2 Isthisaiinepartofthe same |< corporate structure asyourmain | airline? iS a Yes b. No 2. Inthe aviation industry, nat as a pilot This other occupational activity not as a pilot is a. on your own account bin the same airline other airline 3. Outside of the aviation industry 1L.1. What are these occupational activities? 109‘Atypical employment inthe aviation sector | statistical dats and analy, Respondents were presented questions about possible other occupational activities. As Figure 25 shows, 82% of respondents stated to have no other occupational activities and 13% (N=856) reported having other occupational activities. ayes mNo a Missing Fig. 26 Other occupational activities? ut coins magel On “¢ Sod S oa o m Cc & q cS min the aviation industry, r { ceviee g s inte aviation nasty, & not ase 2 = outside the aviation industry Fig. 27 Type of other activities saaccomeens FANE 77 ECONO Maclictadana Ody own account.= Own account 1m Another airline Fig. 28 Other activities as pilot dicated that they have other occupational activities lot, 62% indicated working for their own account, w! ine and 7% working for another airline. S : a Ww ‘min another airline S & a winthe same iting m cq sunt cS q son your own aca ¢ = ( a g s Fig. 29 other activitiesnot as pilot Ss r wo if rSondents ther occupational activities outside of the, Industry, the following answer provided: bar keeper, attorney, accou! for, teaching, agriculture, IT, lectur Femployed — not defined, cultural secto http://economiaciudadana.org/Atypical employment inthe aviation sector | Statistical dats and analyse IIL, PART B: GENERAL INFORMATION CONCERNING THE SOCIAL SITUATION AND WORKING CONDITIONS. 1 ‘Are your wages/remunerations paid directly by the airline you mainly fly for? a Yes Are they paid by the registered office of this airline (ie. not by a subsidiary of this airline)? a Yes b. No By whom are they paid? a. Temporary work agency b. Intermediary (e.g. payroll services company) © Other—Please specify /oven questio aves No = Missing Fig. 30 Directly paid by airline? Fig. 31 Directly paid by registered office? Next to the respondents that did not provide an answer to this question, 10% (N=685) stated that they are paid differently. Of this group, 47% indicated being paid by a temporary work agency, 399% being paid by an intermediary and 14% being paid in another way. 42Temporary work ‘agency 1 Intermediary RANSATL We, = Other Fig. 31b By whom paid if not directly by airline? _nac NERFCHAe Fig. 32 Not directly paid - Other P= aAtypical employment inthe aviation sector | Statistical dats and analyse 2. How are you paid? a. lump sum b. lump sum + extras i. Which extras? /open per hour with a minimum number of flight hours guaranteed i. Please specify how many hours are guaranteed d. per hour without a minimum number of flight hours guaranteed @. performance-related pay 22) a S a Missing gS a m a mn A sump sim i ¢ ' ‘ slump sum + tras a g sper hour with a minimum number fit hous 2 guaranteed mer hour without 2 ‘minimum number of fight hours guaranteed smperformance-related pay Fig. 33 Types of payment tnt expences app Cr aC TT EO nim, bne jertime, bonuses (e.g. on-time performance bonus), instructor compensation, housing allowance etc. With regard to the minimum number of guaranteed hours, respondents for instance stated to have 100 hours guaranteed over a period of 3 months; others reported 105 to 120 hours guaranteed per month. Other respondents reported having a guarantee of 30 hours a month, often under the condition of not being ill or having no days off. Moreover, other respondents indicated this varies between 50 per week up to 60 to 80 per month, 143. Which activities are you being paid or compensated for? (rn o'»on=wer ay be o¥e0) Flight hours Positioning (‘dead-heading’) Time during layovers Hotel ‘Meals between flights ‘Meals during flights Costs of retaining licenses Uniforms Crew ID cards Other —Please specify /2p20 sues") é . 2 é oS we Fig. 34 Compensated activities 1s{Atypical amploymant in the aviation sector | Statistical data nd analyse. Table 9 Compensated activities Frequency % Flight hours 4082615 Positioning 2024.4 Time during layovers 2506-378 Hotel 349800 TRANG ay, - tettcwea tes sien ns SAN Meals during fights Coss ot rete rae SO “G vntomec & mes =No Fig. 35 Part of income fixed and guaranteed? http://economiaciudadana.org/ 5. Isyour income variable? a. Yes NoHalf of respondents stated they have a variable income. These respondents indicated that this income depends on the performed block hours, bonuses for fuel savings and on-time performances, company profit, the amount of days worked or the number of flights received, duty hours etc. ayes Fig. 36 Is your income variable? 6. Where do you pay your social security contributions? [cr This country is a. the country where your official home base is located b. the country where the registered office of the airline you fly for is located [choose this option if different from the official home base] ¢ the country where the registered office of your own company is located [choose this option if different from the official home base] d. the country where you live [choose this option if different from the official home base] e. This a different country i Please specify (0 With regard to the country of social security, France, the Netherlands and the UK are mostly referred to by the respondents. Figure 37 shows the top representation of 2 0.2%. 7{Atypical amploymant in the aviation sector | Statistical data nd analyse. 600 11400 1200 1000 00 600 400 200 0 PYESESEEESHEELELREREES ESL PS ERE EPELLEPESLEPEPEG REPT EEE SI EEE BY beat g28 EES 0.1 representation) amount Frequency % 70 906 137 80 636 96 B 616 93 60 581 a8 124; 4 50 443 67 6 405 61 35, 24 32 90 196 3 40 180 27 55, 153 oie geTRATADO TRANSAT, ag = 100 Fig. 43 How many hours do you dock up per month? Of these respondents, 71% indicated (N=4710) that they cannot choose the hours freely. 95% of respondents in this group stated that this is decided by the registered office of the airline they fly for. 125-Aypical employment inthe aviation sector | Statistica 5 data and analyse mes No Fig. 44 Choose hours freely? Worked hours _mac NERECHA: Flying hour Fig. 46 How hours counted? dents stated that hours are counted per flying hour o mother ‘= regional offi registered office of the airline atemporary ‘work agency Fig. 45 Who decides hours? aves Fig. 47 Do preparations and checks counts ashous worked? intermediary of the airline “ORNS an aa yoga S When respondents were a: pre/post-flight duties, 62% confirmed this. http://economiaciudadana.org/ 126Fig. 48 Do you have enough time for pre/post-flight duties? a This isthe legislation of the country where your official home base is b. This is the legislation of the country where the airline's registered office is [choose this option if different from the official home base] This is the legislation of the country where the temporary work agency you work foris [choose this option if different from the official home base] This is the legislation of the country where you have established your own company [choose this option if different from the official home base] don't know Other ~Please specify [open question) The respondents who stated that they are self-employed, the respondents who stated that they work via a company and have no employment contract with this company, the respondents who stated that they work via a company and are shareholder, as well as the respondents who stated that itis a different relationship answered this question (N=440). Top representation of > 0.5%. 127‘Atypical employment inthe aviation sector | Statistica ats and analysis Table 13 Which country’s legislation is applicable to your cooperation with the airline? (N=397) Feary % Weland ma 34 United kingdom 367 sweden w~w 3 Hungary cen pe RE OOFRANS AT fy. Denmark on 10 3 "Co italy ws other France s registered office is. http://economiaciudadana.org/300 4 250 | 200 150 100 50 4 Fig. 49 Legislation applicable to cooperation with airline _nnc NERECHO, Fig. 50 Legislation applicable to cooperation with airline is ..? "TIMES NOISES 1 Thi the giation ofthe country where your ofa home tate © 10 The the gation ofthe courtry where the Bice’ Fegsteedoffe [chose the option Aiferent fom the offical home bee) nT the giatin ofthe country wher the temporary workagency you workfor choose this opton dierent from the offical home base) 1 Thi the gitation ofthe courte where you ave {stablsted yourown company [choose ths option Thome ace) other Ite p77 SCUrTrenmrearcrearaawrana orgy 129Atypical employment inthe aviation sector | Statistical dats and analyse 11. In which country is your official home base? Do you consider that this isn’t your real home base? a No i. Which country do you consider your real home base is, in? d level of > 0.5%. Note the high number of respond. is question. The unwillingness of the respondents; Fig. 51 Country official home base 7F-Anay osuan rable 14 nuticr edb Pid GOI MIaciudadana .org/ Frequency % Missing S”™~—CSsS~—S—S~S~S France 62104 Netherlands 645 97 United Kingdom 561 Bs Sweden 507 76 Germany aan 64 130ayo 4 Belgium 249 38 Norway 233 35 Spain 29 35 Italy 220 33 Ireland asi 23 mar gee cata Finland Polar switzeriand JRATADO TRANS 475 , a aw Mio, rg 52.0 youconsderthsnotto beyourreathomebase? —_lana.org/ ‘When respondents indeed indicated that they consider their home base no to be their real home base, the following countries were stated as being the real home base * we note thatthe question nas probaly bit miskading because ofthe double negation which kd toa tore image ofthe realty comeing home base 131,{Atypical amploymant in the aviation sector | Statistical data nd analyse. 80 70 60 50 40 30 20 10 : ¢ ss § SSO & See oS LH EP FEL OEE PELE EES s ae Fig. 53 Other for real home base bey 803 -anag yoguat?~ Italy Luxembourg other Switeertand Saudi Arabia 6 at Iceland http://ecohomigciudadana.org/ latvia 4 on Portugal aonay ; 4 12. Do you live in the country where your home base is located? a Yes No cot eons se tt FARIA AAG pm te 1 ed hey elsewhere. 23% did not, ‘with answer to this question, a Se Mo 2 % ss %, % nto O, ‘Missing, o | d g & igD0you vein the count where yourhome bs isla? bey 873 -anag noise’? Q0SDER yes on re) http://economiaciudadana.org/Atypical employment inthe aviation sector | Statistical dats and analyse 13. Do you always fly from the same home base? aYes b. No {Questions below will appear regardless of the answer given above] i. Who decides where your home base is? 2. Registered office of the airline b._ Regional office of the airline «Temporary work agency 4. intermediary fe. You yourself f. Other—please specify [open guestio ii Doyou have any say in this matter? a Yes b. No Within what term can your home base be changed a. no notice woo DERECHOS b. afew days afew weeks 9473-nn ag yoga’? d. afew months fe. other—please specify /o0-" er jome base, 54% of re asked whether they always fly from th fe: they indicate they always fh When the respond respondents answered indicated that their home base ‘same home base. 23% this question. http://economiaciudadana.org/ 134ae ne aves = No = Missing Fig. 55 Do you always fly from the same home base? ss intermediary Other 1 regional office of the airline sm registered office of the airline aac NERECHNe ~ ss temporary work agency ss you yourseif Fig. 56 Who decides where your home base is? 32% of respondents sta http://economiaciudadana.org/[Atypical employment inthe aviation sector Statistical data and analysis _mac NERECH: b 500 Missing afew days afew months Fig, 58 Term change of home base http://economiaciudadana.org/ Table 16 Within what term can your home base be changed? Frequency 1671 afew days 267 afew months 1428 afew weeks 558 no notice 74 % 25.2 2s a4 a7 Fig. 57 Do you have a say in where your home base is located? afew weeks no notice ayes No Other 136Other Total 1935—-29.2 6633100 14. From whom do you get your instructions? [/>ult ers may be 9 a. Registered office of the airline b. Regional office ofthe airline Temporary work agency intermediary You yourself Other — please specify. Registered office Regional office of Temporary work Intermediary ofthe airline theairline ‘agency Fig. 59 From whom do you get instructions? You yourself Table 17 From whom do you get your instructions? Frequency % Valid % Registered office of the 4935744 92.2 137{Atypical amploymant in the aviation sector | Statistical data nd analyse. Regional office of the airline 277 42 52 Temporary work agency 96 14 18 Intermediary a 06 os You yourself 63 09 12 Klield aviation Only one home ba: Operations control of P ops or the company I'm chartered to wo owner of the plane Owner of the privat ety : //eCONOMiaciudadana.org/ planning in Sweden, opsin UK 1 1 1 1 1 1 regional and registered office of airline e.g. rotering UK, HR is UK office 1 ete. scheduling department of the airline 1 UK 1 °° anonym15. What do these instructions involve? ["multiol= onswers may be 9 Schedules Flight routes / Flight plan Maximum daily / monthly flight hours How much extra fuel you take aboard Safety and operational aspects Working hours Training requirements Cockpit crew composition Cargo content (weight, kind etc) Other —please specify (0 30" i $ “NNFINOISS#! “vary Fig. 60 What do the instructions involve? Table 19 What do these instructions involve? Frequency % Valid % ‘Schedules 4927743 2 Flight routes/plan 454691856 Max day/monthy fight 3309523 Extra fuel aboard 1194 ws 223 139{Atypical amploymant in the aviation sector | Statistical data nd analyse. Safety and operational ty and op) 3959597739 aspects Working hours 3752, 566 70.1 Training requirements 4391 66.2 82 Cockpit crew composition 4230 63.8 79 Cargo content 2974 8 555 at ATL ee “Ning, S QD S %, § % Sz O & © & Zz a m S QP = n 3 S & in 6 g cS So . e g % & % 2 2 or http://economiaciudadana.org/4= DERECLIAG 16. | can amend the instructions of the airline based on e.g. objections regarding flight safety, lability, or regarding health & safety Who decides which safety objections are valid to amend the instructions of the airline? a. Registered office ofthe aitine b._ Regional office ofthe airline Temporary work agency intermediary fe. Youyourself er—please spec f. Other—pl Specify. P Are you sometimes reluctant to take sch decisions for fear of possible [(25 negative consequences for your professional career? A a ves a “ bho 2 ‘Are your colleagues sometimes reluctant to take such decisions for | fear of possible negative consequences or ther professional career? | fT 0 ‘ a 0 mn a. Yes = b. No a oS $ Do you think that your employment status may afect your ability to | take such decisions? Lo a ves b No Do you think that your colleagues’ employment status may affect their ability to take such decision? b Yes No Of the respondents that provided us with an answer to this question (N=5049), 82% agreed with this statement. aaAtypical employment inthe aviation sector | Statistical dats and analyse sm mostly agree sm mostly disagree strongly agree 5 Fig. 611 can amend the instructions of the airline based on e.g. objections regarding (ay flight safety, liability, oO S a airline; 68% of m g g a S q intermediary m 9 c g cS g { a S regional omtce oftheaitine | ae registered office of the airline ss temporary work agency Fig. 62 Who decides which safety objections are valid? "Y°UVous=T TTT oT When respondents were asked about the decision-making process with regard to the possibility to amend the instructions of the airline based on e.g. objections regarding flight safety, liability, or regarding health & safety, 30% stated being reluctant to take such decisions themselves, whereas more (47%) respondents stated they think colleagues are reluctant to take such decisions. 142ayes ayes a No No Fig. 64 Are your colleagues sometimes Fig. 63 Are you sometimes reluctant to take | reluctant to take such decisions for fear of, such decisions for fear of possible negative possible negative consequences for their consequences for career? career? ayes ayes a No No Fig. 66 Do you think your colleagues’ Fig. 65 Do youthink your employment status employment status affects their ability to affects your ability fo decide? decide? 143Atypical employment inthe aviation sector | Statistical dats and analyse woo DERECHOS 17. Ican decide not to fly for legitimate reasons of illness etc i. Are you sometimes reluctant to take such decisions for fear of possible negative consequences for your professional career? a Yes b. No i Are your colleagues sometimes reluctant to take such decisions for fear of possible negative consequences for their professional career? a Yes b. No i. Do youthink that your employment status may affect your ability to take such decisions? a Yes b. No jv. Do you think that your colleagues’ employment status may affect their ability to take such decisions? a Yes b. No 93% of respondents that pl legitimate reasons of illness e TE i 9473-nn ag yoga’? ‘can decide not to fly for this statement. http://economiaciudadana.org/ 1444 2% sm mostly agree sm mostly disagree bs strongly agree tm strongly disagree &, Fig. 67 | can decide not to fly for legitimate reasons of illness etc ey oD Fig. 69 Are your colleagues sometimes reluctant to take such decisions for fear of. Fig. 68 Are you sometimes reluctant to take such decisions for fear of possible negative || possible negative consequencesfor their consequences for career? career? 145{Atypical amploymant in the aviation sector | Statistical data nd analyse. yes aves No No Fig. 71.D0 you think your colleagues’ Fig. 70 Do youthink your employment status | employment status affects their ability to affects your ability to decide? decide? 1% of 32 . —— nnzanos8 ich decisions. "eouns http://economiaciudadana.org/a= 2. IV, PART C: GENERAL INFORMATION CONCERNING POSSIBLE ISSUES 1._ 1am satisfied with my working conditions 2. Ireceive sufficient education and training 3. There is competition between the pilots on the European job market 4. This competition between pilots isa consequence of the difference in working conditions between different carriers 5. This competition between pilots is a consequence of what the pilot costs for the airline 6. This competition between pilots is a consequence of the increasing demand for flexibility iO 7. 1would consider other types of cooperation (e.g. to set up your own limited liability [> company) to make yourself more attractive for airlines (e.g. cheaper etc) et z cq] 8 00 you enjoy working for your current airline? % a a Yes @ q oO Al b. No Zz 4 it 4 = e~ becouse ofthe general working condition & Ss because of the health and safety provisions S because of the terms & conditions because of the wages because of the flexibility 9. Ican choose the airline/company | work for 10. I feel supported by my airline in case of any remarks or concerns In response to this question, the largest group of answering respondents, i.e. 60%, indicated that they are (very) satisfied with their working conditions and that they receive sufficient education and 147‘Atypical employment inthe aviation sector | statistical dats and analy, training (70% of respondents that answered the question) (see Figure 72). Furthermore, a vast majority (82%) of the respondents that answered this question indicated that they indeed believe there to be competition between pilots on the European job market, Again, 81% of the answering respondents also indicated that they believe this competition to be a consequence of the difference in working conditions between different airlines. A smaller majority of the answering respondents (65%), agrees or strongly agrees with the \¢ competition is a consequence of what pilots cost for airlines neat i gp (73%) state believing this competence is also a ce of the increasing demand for fl Mot the pilots. More than Id not other types of Ox ~mac NERECHAG ~ TTI strongly disagree m Disagree m Neither mAgree m Strongly agree Fig. 72 Issues of respondents: Review and analysis sub-questions 1-7 and 9-10 148a= mR. '58% of respondents stated that they enjoy working for their airline (16% stated that they do not; 26% did not provide us with an answer). mes No a Missing Fig. 73 Do you enjoy working for your current airline? _nac NERECH| Fig. 74 Working conditions Fig. 75 Health http://economiaciudadana.org/{Atypical amploymant in the aviation sector | Statistical data nd analyse. 2000 ‘00 100 ito i {too 00 ooo ‘eo x ° e 3 & 2 1600 oO 1400 a 41200 ym C1000 mm $ 800 2 & 600 oS BE 400 S u 200 m ° aoe q cS < ve S & ¢ i ee & “ a Fig. 78 Flexibility s 3 2 http://economiaciudadana.org/ayo ode Part 4. ANALYSIS OF THE FINDINGS 1. nrropuerion What ron fo the pb a» low 9 ae aiine or cartier, is mostly referred to by experts, both in the legal and the ecafigapielield ob we as.alow-cost carier (LCC). The low-cost business model ah ‘and the aS eta thereot described multiple times, of view. ‘ogee of this business ation Pa, and exemplary. ail mudvAhore than the mostly from we -onomic 0 mode onthe salon of ag Labour cost oh at th of many debates deemed ‘eco sheer cog F (Reals an ss Si. ze S 2 = Dn Sa S wW 2 on ma ark othe ‘than a d airline dtc a peration were a self-employed /een respondents and airlines. Four type: presented: an em} tract, temporary agency work, providing se pilot or via a company In this study, 5259 responde in this study, stated to have a direct employment contract with # for. This means that 1071 or 16.1% ot the respondents ph uy enced anata pe pa a apg ths sues definition atypical ‘Quote pilot 11am very satisfied with being directly employed by the airline | work for. Safety is never an issue, nor is calling In sick or not being fit for fight. These things are never questioned nor tested, and are not held against those concerned. [My airline company] is where they should be, and pay is always on time and correct. The airline 151,Atypical employment inthe aviation sector | Statistical dats and analyse {and the union appear to have a mutual understanding of the benefit of having a good dialogue, and collective agreements are met and held by both parts. In all, itis my understanding that is how things are supposed to be. Quote 1am exvemel hoppy wit my rine. wens iO BeHaN IR tee bu he ft of rot beng hed trea te on, noving fee ou te one and perio Ain ae I ery Seoppotnng and pela pertet occas teneenal 7 ‘have an employment contract with the airline directly 1 work for the airline asa seif-employed worker p is 4 ‘via cooperation agreement concluded with |Z j vance z g§ url workorene ane viaaeompany % a Q Ww gl work for the airline via atemporary work S o agony wthumicn have anemployment, | iy Wi comet a G Fig. 79 Typeof relationship with tine s oa m= . | > & > Missing mdvee Atypical Fig. 80 Direct employment vs atypical employment Of the 5259 respondents with a direct employment contract, 4515 respondents (87%) stated to have concluded an open-ended employment contract with the airline directly, 690 respondents (13%) indicated to have concluded a fixed-term employment contract with the airline directly, and 17 respondents (0.3%) stated to have concluded a stand-by/on-call contract with the airline directly. 152ay maftced-term employment contract mastandby / on-call contract = an open-ended employment contract Fig. 81 Types of direct employment contracts 8 a corkagt with 2 term 2 oO S i z g mafxedterm wm § employment contract a g S mastandy / on-call Zz 4% contract m q = g san open-ended iS ‘ employment contract a Fig. 82 Types of contracts via a temporary work agency e 2 Figure 84 shows that 27% of, ave concluded an employment contract with this company (32% stated duded an open-ended employment contract, 3596 to have concludey ie ofan emplpymnr ara pd zee | ya canduded a stand by/on- call contract) 153{Atypical amploymant in the aviation sector | Statistical data nd analyse. ses thea te ses, amt ont . starbalerin seemempbyment ‘he company vs gener ses the basta “ “xacpenr lent 6% nes, thé Ban ses tet ith 2 wea operended pit ‘employment Fig. 83 Are you a shareholder in the Fig. 84 Type of contract with the company compan? any b, dents fat ith ont to be o = m a Sc = Sere g& erative xo “Compo + a aimed tabilty company company Fig. 85 What type of company? 154Ps Eg je ayes ayes No a No Fig. 86 Is there a cooperation agreement Fig. 87 Isthe registered office of the company with the airline company? inthe EU? Tobe cer, te way et eomppry, and signing 0 ‘ontrct tc on open bhp cnt Clhdbe Led dM bole aifenasvey. who fas respons? Where will pay my toes corey? Am | soc seared nyanere Wl | eee ¢ person? Can sete down heer fe yarsor they move me ogo? Tse oe aston tha ees Be dat wth te est tres of avon sae Icon hones sy tha Ith abou these sues last then doy. Sometines more ond smectic les | Would Ie fo see @ solo tha ces anes fo fale respons oe thelr workers By working for an eine exlsvely J eons’ mys os on employee and noting ee usta way of etg rio s9 many roles by sann feu popes saying that ane heed tnd nt employed 155Atypical employment inthe aviation sector | Statistical dats and analyse ‘TYPOLOGIES OF EMPLOYMENT IN RELATION TO TYPES OF AIRLINES Respondents were asked about additional occupational activities. As the following graph shows, 82% of respondents stated to have no other occupational activities. 13% (N=856) stated they indeed have other occupational activities. aves = No = Missing Fig. 88 Do you have other occupational activities? sin the aviation industry, as apilot win the aviation industry, not asa pilot outside the aviation industry Fig. 89 What type of other activity? a $$! respondents stated Wi they Ae anova upp ANCHE PAY, OFF ap thisto be for their own account. 156= Own account 1m Another airine Fig. 90 How activity when other activity as pilot? When res F occupational activities in the avial (N=318/Ithough not asa pil sta ing for their own account, whereas 31% repo ing forthe same airline abd 79 ‘in another airline tin the same airline = on your own account ¢ NERECHNG . Fig. 91 How activity when other activity not as a pilot? TRO) Acentéatfocus po currently flying for. can be found when anal isthe relationship between respondents ine they report pes of relation that Previous results have shown that th rat took part in the survey (79.3%) da 161 repre AA oP Le GUD ALA) Fl HO aesion tae In order to do so, first of all, we examined how the types of employment/working relations respondents stated to have with airlines are distributed between the different types of airlines. With regard to the direct contracts, at the level of network airlines, 96.5% of the respondents in this study reported being employed via a direct employment contract. The type of airline that was least reported with regard to the variable direct employment contracts is low-fare (52.6). 157‘Atypical employment inthe aviation sector | Statistica ats and analysis Table 20 Overview of the percentage of pilots with a direct employment contract per type of airline Type of airline Percentage of pilots with a direct contract for the different types of airlines Business aviation 738 Cargo airline 88.7 Charter airline Low-fare airline \ TRATADEIRANS 47 ‘ wetwork ane ort eel Cop Regional airline If these regis are that 5391 thes: ° *% oO sm Network ded at the level of all the respondents w fork for a network airline. mLow-fare Charter sm Regional = Cargo Business ~mac NERECHAG ~ = Other Fig. 92 Representation of direct contracts in types of airlines Figure 93 shows the direct employment cor tual proportion of respondents stating to fh fwork airline with a ‘total amount of respondents st ly for a network airline AZur seem to have reported a jork for a network airline. This also secounts for Final mE EBS 77 EEONOMiaciudadana.org/ For example, all respondent direct employment contract since af 158120 100 80 60. 40 20 ° 5 geg2 s2RSe Et 2858 82S gsies ecg 7 SSR ESRS5E8 4 g° 2 £4558 2 §$ F* e358 EF Sg 72" $ 2 = e322" 58 ¢ 2 2 § 4 z £ 5 ¢ 3s 8 2 é = &g a LL Fig. 93 Proportion of respondents stating to fly with a direct employment contract for anetwork {EE airline to total amount of respondents stating to fly for a network airline per network airline (%) a Rurthen for the Bitine chro glo < a th i a Table 21 0% ‘of respondents stating to fly under an e1 nt contract of airline ‘% of respondents stating to fly vi jloyment contract via atemporary w er type of airline Business aviation Cargo airline Charter airline Low-fare airline Network airline http://ecomomiaciudadana.org/ Regional airline Moreover, analysis of the results shows that 67% of the respondents who stated to work via a temporary work agency also stated to fly for alow-fare airline. 159{Atypical amploymant in the aviation sector | Statistical data nd analyse. sm Network mlovefare charter Regional Cargo Business Other Fig. 94 Representation of temporary contracts per type of airline It was found that 70% of they fly for an LFA. http://economiaciudadana.org/ whereas, a5 ve wise ter, in business aviation, seltemployed pit ae not necessarily comtadtevon in tering, in the case of ‘ccs or passenger aifines ingenea this far ess event 150ss Network mLowtare charter sm Regional = Cargo Business = Other Fig. 95 Representation of self-employment per type of airline a Of all respondents i largest group stated to dy who stated they work via a compan und that, again, the http://economiaciudadana.org/ °© again, given the nature of business vation, tis might not be surprésing. Father the contrary coul be sai: busines aviation and ccs being so deren, the prevalence ofthe typeof employment in icce met be coneiHered estonia. 161,Atypical employment inthe aviation sector | Statistical dats and analyse Quote pilot Ihave my own limited company along with a group of pilots working for the same the same airline. | have never met these fellow company directors, or even know their names. An accountant that my airline has nominated, has, without my permission signed off the company accounts on my behalf. My limited company ‘then contracts my labour to another intermediary employment company who then supplies the labour to the ren aie In elt ey athe ia seneaucs ete hove no cat Ces RTE NS a I constantly live in fear antractor becg ights, in oh @ contractor | can simply be ott nag BO Servces cate pneccon bc over an i esp hong ai crs Bsc vice Ingo oe 2, Z & e % s Network mLovefare 1 Charter 2% 1 Regional Cargo Business| = Other ~mac NERECHAG ~ S a B S = m ay Se € a Ss Fig. 96 Representation of work via a company per type of, airline a Q To sunt, the abs have. Figure 97 gives 8 types of airlines reported reported, although as was show http://economiaciudadana.org/ show the different types of contracts wh dents indicated to overview of the types of contracts repo lation to the different n, for all types of air ntract is most commonly ation in the types of contracts. 152Ps Eg ) 3000 2500 2000 3500 7 3000 - 500 ° Network Lowfare Charter_——Regional~—« Cargo. ‘Business—Other | soiecteTenomiyateny Sehempbyed a Vaaconpany «tert « \ S Fig. 97 overview of afferent types of contracts per type of airline Hi oS oO Eethese results clearly Show the difference ed i ‘Laiferent business m the aviation| i, tole of the majority and allocatios b-and-spoke', vial z g 8 g Zz x bore mn be found in the tye of cont alin the ligt of types of employment FA, 53% reported to have a ployed, 1196 to work via a company As Figure 98 shows, of the r direct employment contract, wherea: and 17% via atemporaaraay® Feet ONOMiaciudadana.org/ 163 pecial{) of egubtion (é) Ho 83/2008 ofthe European Farlament and ofthe Courilof 29 April 2008 on the coordination of social securty systems 153{Atypical amploymant in the aviation sector | Statistical data nd analyse. Direct ‘Temporary ssett-employed [| . iaaconpen RANSAT Ay. Different Fig. 98 Contract types in LFAS S, Pape 5 aoc NERECHA, , « © » ° LE EPP OE EO PE EEL ES Fig. 99 Proportion of direct employment contracts per LFA (24) Figure 99 furthermore shows that all (100%) respondents in this study who indicated that they fly for Volotea also indicated they work for the airline via a direct employment contract. With regard to Germanwings, Jet2.com, Vueling, Lionair, Easyjet, Monarch and Transavia, more than 50% of respondents indicated working via a direct employment contract. Less than 50% of the respondents who reported to fly for Wizz, Sunexpress, Ryanair, Norwegian, XL airways, Openskies and Air Berlin stated to work via a direct employment contract. 154,Furthermore, 217 respondents indicated working for an LFA via a temporary work agency. As Figure 100 shows, 58% of the respondents stating to fly for Norwegian airlines reported to have a temporary work agency contract 70 60 50 40 30 20 20 Easyjet Transavia ° Norwei Niki Wizz = Jecom Ryle ‘ d S & Fig, 100 Proportion of temporary work agency contracts reported to total amount of 1, respondents stating to fy for an LFA (3) Wie Easyjet Ryanair Fig. 101 Proportion of respondents stating to be self-employed per LFA 155‘Atypical employment inthe aviation sector | Statistica ats and analysis Table 24 Proportion of respondents stating to be self-employed per LFA Frequency % Valid %6 Easyjet a 2 12 13 Norwegian 7B 1 os 06 Ryanair a4 137 33 89 we ESQ RNPPOTRA ar, Missing 0 ro Figure 1 of thes&respond aac NERECHA: that were reported to provide all type: cts are examined in Easyjet, Norwegian, Ryana In what follows, th more detail. These sped EasvsET (N=223) needts hoe dred ia ee SD ater stated to have a direct e 5% reported being self-employed or having a contract via a company. 156Direct Temporary = Self-employed = Viaa company = Different Fig. 103 Eosyjet- percentage of different contract types Direct Temporary Sett-employed 1m Viaa company = Different Fig. 104 percentage of different contract types- Norwegian avanatiapsad/eConomiaciudadana.org/ 98% of the 650 respondents stating to fly for Ryanair stated this is an LFA. 34% of these stated to have a direct employment contract (of which 80% open-ended, 19% fixed-term and 1% stand-by/on call); 27% reported being self-employed; 18% to work via a company, and 10% via a temporary work agency. This means that of the 650 respondents in this study who stated to fly for Ryanair, 416 reported to have an atypical contract. 187{Atypical amploymant in the aviation sector | Statistical data nd analyse. Direct temporary mSett-employed mViaacompany Different Fig. 105 Ryanair percentage of different contract types onda mporary_ % 2 g o i uw m 4 z g cS 4 Direct g { Temporary & ssetemsloed 2 Via acompany 2 sbiferent Fig. 106 Wiee- Percentage of different contract types ee 4yttp./eggnomiaciudadana.org/ Ace ‘As can be seen in Table 25 and Figure 107, in this study, the largest group of respondents indicated to be aged between 30 and 40 years. The second group of respondents, which is almost as big as the first group, indicated to be between 40 and 50 years old. As can be expected, the age groups in this, study are normally distributed. 158Hoorn fein) show, wth ree respondents frm the younger & Ks For the other types of tines, te bona ena ena ae ir tren tp) facludad econom jana.org younger age category{Atypical amploymant in the aviation sector | Statistical data nd analyse. Nitooen Figure 109: Network airline Z zm %, ‘tseoun 2. + a oC Es o z © m SI. B ae S uo 2 a o m 6 = ¢g cS ¢ 4s : . . { vce wom a Figure 1158REbionalairine Figure 111: Charter Airline PS lk £7 , evo om g Fy r i EB Figure 112: Cargo airline Figure 113: Business aviation Table 26 provides the percentages of the age groups per type of airline. Figure 114 shows the exact data of the age distribution per type of airline. For instance, with regard to network airlines, the largest group is aged between 40 and 50 years. For LFAs, the largest group is 20-30 years old. 170a= &., Table 26 Age per type of airline ork Toarfare Charter Regional Cargo bases (6)(4) (6)(2) (6)(3) (6)(4) (6)(5) (6)(6) a5 0 as te a 5oao, e381 5383693382 oso 33 megs ass soso se B30 TRAG e273 60 or geen ATLA older 3 yor Wig 5 Ee 1000 soo soo , ¢ i & wm i z 2 co > a Network Low-fare Charter Regional Cargo Business Other 2 n i sie itso esoiio some means A d E © rig a34 Age erours per typeof ating tothe ome age ing for another type of airline. 1eble27 sows that ua nae indtted hatter work of th up ofepondents nd En convercen te the tiene rouse eo ret ah ego oh the 0-0 age grou ah Tals MARIA WCU cmtoyment contract). to the youngest group, his means that almost 403% Table 27 percentage of contracts per age group biret_workagency _employed__company__ ferent 2040 2 4 45 a7 2a a‘Atypical employmant inthe aviation sector | Statistical data and analysis. rp Ape tr ue ting the age ‘are more observed tage prevalent boon 1800 11600 1400 1200 11000 300 600 400 200 oye" Direct Temporary work Self-employed Viaacompany Different ‘agency -aac NERFECHNo ~ Fig. 115 Percentage of contracts per age group o =O of eur a CX onde ho ine , who stated to have Peis loys va je more ston represented http://economiaciudadana.org/ 1721000 900 | 00 | 700 | 920-30 600 | 530-40 500 40-50 400 | 50-60 300 | = 200 =>60 100 ° Network Low-fare Charter Regional Cargo Business. Other, Fig. 116 Directly employed SS aw An. 120 4 soo | 52030 930-40 4050 550-60 =>60 Network Lowefare Charter Regional Cargo._-—Business_ Other Fig. 117 Temporarily employed -aac NERECHNo ~ eo 8 8 ~ TITAS NGISo Network Lowfare Charter. Regional Cargo.-—‘Business_ Other Fi ig. 118 Self-employed 173Atypical employment inthe aviation sector | Statistical dats and analyse 7 4 6 | 50 ao | 30 | 20 | 10 | Fig, 119 Via a company Network 112030 1130-40 240-50 50-60 =>60 Low-fare Charter Regional Cargo Business__Other show that the group of 20-30 years old (t ‘ore atypically employed, in the following section, Sc = 20-30 S a a Direc Temporary work agency Self-employed | Direct Atypical Viaa company / Different Fig, 120 Age group 20-30-Type of contract _‘Fig. 121. Age group 20-30- Direct? 174mgs wlll, Hf we focus on the types of airlines, it can be observed that, of the respondents that indicated to fly for a network airline, 93% of the respondents from the younger ages (N=319) indicated being employed viaa direct contract. a% wad 1% Direct stemporay TRANSAry 4 ‘work agency 1m SetFemployed = Viaa company = Different = 2 gale, fe 123 shows that more ofthe respondent fom he sestoty {0 an LFA (N=511) indicated to be atypically employed in comp; ag ot a 3 = & ry = Direct S fri m u Temporary a 4 workagency Ss d oon : 4 a | 1 Via‘a company Ss = Ditferene Ss Fig. 123 Age group 20-30- Low-fare Figures 124 to 127 shi working for charter airline! of contracts which respondent: stated to have when jes (N=94) and in business aviation (N=55). In comparison ti ploy at least 44% more of these Young respondent stp) //economiaciudadana.org/ 175Atypical employment inthe aviation sector | Statistical dats and analyse 1% 7 2% 2% 4% Direct, nOirect w Temporary workagency work agen sSeteemploved Via company Via comp Temporary oy ‘Self-employed Fig, 124 20-30 years- Charter Fig. 125 20-30 years- Regional i Via accompany Fig, 126 20-30 years- Cargo 6 NERFCHNe ~ 9 = Network mLovefare Charter sm Regional = Cargo Business = Other Fig. 128 Representation atypical contracts per type of airline Direct Direct Temporary Temporary 5% work agency 2% Self-employed = Viaa company “a *0. ‘work agency Self-employed Fig. 127 20-30 years Business adana.org/ any = ng NOISUaNN ? ~ oun 176ayo The question then remains if this finding is something that is typical of LFAs or rather of specific airline companies. In what follows, the relation of the 20-30 year-old respondents is examined at the level of the airline companies indicated as being low-fare by the respondents themselves. Teble 28 greens the dere Fhe and the percentage of the yenges espondent wth an atypical contract. Since some companies have a larger participation grade, results might give a misrepresentation ofthe percentpeesTRRAIOR) 4vblY¢ rgalted with regard to the total intunes be scen tga ANS a oy Tip dy mveted tobe atta conegeRO at kip sty these onnegan gtN orm ora respondents, this is eth di reno re 36%<6f-the young low- fap level hough foup. At the level of the pa shows that for instance at the level 0 Percentage J -NNF3 NOISY ho, http://economiaciudadana.org/ * sthough ths number low due to misng data, so ths number proves the minimum estination; hence, neat ths umber cout be higher a7Atypical employment inthe aviation sector | Statistical dats and analyse “ExvERIENCE’ Quote Being a pilot with quite @ lot of experience puts me in a very different situation than pilots with litle/less experience when choosing where and for which company to work for. | think the situation for many other pilots seca ee RSE RS 0 "or a on hg esr if Only then | Is and a Quote pilot oe = Missing = more than 10 Fig. 129 How many years of work experience do you have as apilot? Since in aviation, the amount of flight hours is the factor considered decisive, respondents were asked to indicate their experience in terms of flight hours. This was also asked because it was deemed that it might be interesting to see if there were respondents with a higher number of 178