We can but hope that one day the “aviation authorities” will come to their collective senses and ban the use of third-party agencies to source flight crew. Until then, faced with “employment” or unemployment, pilots will continue to willingly sign their rights away. Some may not even have read their agency contract and be aware of the forfeiture of basic employment rights normally granted in a direct employment relationship with the airline.
Agency contracts usually contain a clause stating the contractor has no employment relationship (rights) with the client airline. Most, if not all, also contain a clause indemnifying the agency from any responsibility due to action by their client airline. Additionally, a clause states the choice of legal forum in any dispute, which may not be in the home country of the crew, agency or airline. The EU Rome Convention, Article 3, Contracts, states; “the choice of law shall be governed by the parties”. Article 6 refers specifically to Employment Contracts and states; “In the absence of choice the contract shall be governed by the law of the country in which the employee habitually carries out the work” (your base) – again, only applicable in the absence of choice.
I doubt McGinley is different from any other agency. Agencies supplying Norwegian Air Shuttle and Norwegian Long Haul have also included the above circumvention loopholes in contracts.
The EU Aviation Commissioner, Violeta Bulc, rather than write letters to the US Government threatening possible trade sanctions if Norwegian should not be granted a US permit, would make better use of her time if she were to examine the use of agencies to circumvent employment laws, employer responsibilities, labor rights and principles, and the combined adverse affects on aviation safety.
Convention 181, Article 2.4 (a) of the International Labor Organization provides that:
“A member [country] may prohibit under specific circumstances, private employment agencies from operating in respect of certain categories of workers or certain branches of economic activity”