Originally Posted by
ExXB
The Montreal Convention 1999 (which replaced the Warsaw Convention) would not apply to persons travelling on this basis. Passengers require a ticket, even a 'free' ticket.
ExXB makes a very pertinent point. If you are injured or worse on duty you are covered by the company's insurance and compensation system. If a legally ticketed pax then the Montreal Convention is the authority in charge of (limiting) the compensation.
In the case of a false "positionng" crew the airline considers them not on duty and cannot be responsible for compensation whereas the Montreal Convention would not recognise them as pax.
They thus presumably fall between two stools, or in other words they're right in amongst the stools...up to their eyes. Presumably they or their estate would have to sue the airline which then isn't protected by any limitations dictated by the Montreal Convention. When all these ticketless "positioning" shenanigans came out in court the company would be looking a bit sheepish and I suspect the damages would make their eyes water.
Meantime its likely a long, rough road for the employee or his estate. It doesn't take a very pubic crash either, who is liable if the employee falls off the steps for instance? Or breaks bones in turbulence? It strikes me that the employees are very badly exposed in all this.
btw, this is nothing to do with Ryanair bashing, it's to do with some airlines systematically bending or breaking the law to suit their otherwise unsustainable rosters and brutal Ts and Cs, and doing so to the detriment of some of their hardest workers. Why is it anything but good to be flagging this sort of scam up? Except, I suppose, for those employees who find a uniform and id card a useful way to travel any time they like for free, a benefit unavailable to everyone else who isn't working for a flag of convenience carrier.
We know this is illegal. We know people have been threatened with arrest at LHR for doing this. We know most other EU carriers wouldn't dream of bending the system like this. Ireland is subject to the same rules from the same regulatory body as the rest of the EU, inc. the Montreal Convention as regards ticketing. They should abide by them.