PPRuNe Forums - View Single Post - Norwegian - Last 36 pilots not needed during the winter.
Old 2nd Sep 2015, 13:35
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Direct Bondi
 
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despegue:

Your post is probably the most absurd on any thread regarding Norwegian so far. However, you are not the only chump deceived by Norwegian's employment circumvention. You are confusing the perception that Norwegian is the employer with the reality of the agency being the actual employer. Even those agency pilots flying for Norwegian who disagree with my posts, have acknowledged their employment relationship is with the agency and NOT with Norwegian. Your purported "facts" are easily trashed:

Your assumption that because Norwegian issues an ID badge, uniform and roster, automatically forms a legally binding employment relationship because Norwegian 'controls' the pilot, is based on nothing more that an obscure EU Employment Law, part-definition, interpreted at the discretion of the respective member state. It is entirely unenforceable due to Norwegian's convoluted employment circumvention. Notwithstanding, the Norwegian ID badge names OSM as the employer - (certainly for 787 crew).

If, as you suggest, Norwegian is the employer, why does BALPA disagree and state: "120 NAS pilots operating out of Gatwick and employed by OSM Aviation"

Link: BALPA | Norwegian Air Shuttle & West Atlantic pilots join growing BALPA pilot family

Also, why does BALPA represent its member pilots only to OSM and not directly to Norwegian? - Answer: A Trade Union can only represent members to their employer (Trade Union and Labor Relations Act 1992).

The Scandinavian group of Norwegian's pilots are the only pilots directly employed by Norwegian. Those pilots have all associated labor rights and labor principles, including seniority, union representation and collective agreement directly with Norwegian. Note: these pilots also have a defined disciplinary process, right to union representation and appeal.

Agency employed pilots rented by Norwegian have none of the above with Norwegian whatsoever. Previous agency contracts have included the clause: "The pilot shall have no claim nor rights as an employee of the lessee airline" - or similar wording.

Once again: As an agency employed pilot rented by Norwegian, your services may be terminated by Norwegian at any time, entirely without recourse. Norwegian simply notifies the agency your particular services are no longer required. The agency then removes you from their contract with Norwegian and may, or may not, find you alternative work. Your notice period is with the agency, not Norwegian. Your employment contract/agreement with the agency almost certainly indemnifies the agency from their obligations due to any action taken by the airline.

Contact any pilot representative organization to confirm the above:

NPU website:
NPU - Norwegian Pilot Union

PARAT website:
Paratluftfart

European Cockpit Association website:
https://www.eurocockpit.be/

Norwegian Airline Pilot Association, NF website:
Norsk Flygerforbund

BALPA website:
https://www.balpa.org/

Last edited by Direct Bondi; 3rd Sep 2015 at 07:56. Reason: correct BALPA website link
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