In the case of Norwegian the UK based pilots are employed by OSM ( and that employment involves UK NI & PAYE ) and so have the full range of empolyment rights just like any other person employed in the UK.
Of course, from a statutory point of view that is true, although, that is nothing to do with the contract model. In addition, I'd be surprised if OSM was fully appraised of all of them?
For arguments sake, are they aware of UK employees Parental Leave rights?
As usual the truth lies somewhere between the protagonists in this debate. There is no question in my own mind that Kjus has organised his non-core workforce after spending much time in the company of a certain MOL, and thereby sought to minimise Norwegian's obligations to them, and, make it as difficult as possible for the labour force to organise and subsequently negotiate with them. That much is uncontestable.
It is not clear to me how much merit there is in any collective agreement with OSM? Whilst it is a step in the right direction, and "concessions" may have recently been made in that respect, if they are zero-sum concessions, the "rubber has hardly hit the road" in ascertaining whether there is any real willingness to engage the workforce as valuable stakeholders integral to the success of the business.
What is clear, is that through no choice of their own, Norwegian employees are really part of a leading edge business model that has the huge potential to be yet another destructive cancer in our industry and they would do well to fight it with all the tools at their disposal.
One awaits the US DOT judgement with baited breath and hopes that will embolden European employees of the airline to fight, similarly, for a level playing field back on this side of the Pond....