al446
Thank you for your measured reply also.
I have reviewed your posts, previously, as I mentioned I have been following the thread regarding the BALPA recognition in Ryanair closely.
Indeed contracting has it's place for sure and I have myself contracted for many years. However, it may be worth a quick review of this
Briefly:
Other factors which can give a clue as to a worker's employment status include if the worker:
- works set hours, or a given number of hours a week/month;
- is paid by the hour/week/month;
- works at the employer's premises or at places determined by the employer;
- is not allowed to work for others (especially competitors); and
- could be dismissed.
Other factors which point toward to the worker being an independent contractor include if the worker:
- risks his own money in the business - bearing the risk of loss as well as taking the benefit of the profits;
- has the final say in how his business is run;
- provides his own equipment;
- hires others on his own terms to do the work and pays them himself; and
- is free to work for others.
Full page is here:
When is a contractor not a contractor?
BRK contracts no not permit pilots to work for another operation for the duration of the contract (5 years), however, certain points either for and against status sail very close to the wind. True, they may not be applicable in other industries, but for aviation, they are and as such flight deck positions are not like for like comparable with other industries.
Pilots have worked under contract basis for years, however, they are short term contracts, and that is fine and workable. however when a 'contractor' works exclusively for one client, operating their equipment on a 5 year contract that becomes a different situation.
Now if it were an option to be either FR or BRK contracted and the contract did not make stipulations on who / what accountancy firms were dictated that would be another issue.
I'm not going to get into a dissertation on the ins and outs of it, or do the legal leg work on this issue, that is not in my remit here, but things like JAR-OPS are also a point of consideration and interpretation with what does and doesn't constitute a contractor.
MOL is sharp, you have to hand it to him. The situation in effect opens a Pandora's box.