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Old 14th Jan 2010, 17:47
  #100 (permalink)  
TheWanderer
 
Join Date: Aug 2009
Location: Germany
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In Germany there have been cases going to court for type ratings / repayment / bonding of type ratings.

The Federal Labor Court, which is the highest labour court in Germany, has decided in 1994, that the value of a type rating is binding for maximum 1 year.
All agreements that bind the employee for more than 1 year are void.

The decision is based on multiple facts, including the fact that a type rating is only valid for 1 year and must be renewed after 1 year.

The text of the judgements can be found (in German) at BAG, Urteil vom 16.3.1994 - 5 AZR 447/92 and BAG, Urteil vom 16.3.1994 - 5 AZR 339/92

The same judge has also decided in the first sentence, that a Copilot has usually the status of an employee and not of a self employed, as he gets his roster from the company and has to obeye the orders of the Captain.

Since these are sentences of the Federal Labour Court, these decisions are binding for all Labour Courts in Germany and may be referenced to.
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