PPRuNe Forums - View Single Post - Dutch Ryanair pilot loses court case vs tax man: not deemed self-employed
Old 26th Feb 2017, 09:36
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Direct Bondi
 
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"Permanently" employed OSM agency pilots are temporarily rented to a Norwegian airline. The Norwegian airline may return the pilot(s) to OSM without notice, reason or recourse. The notice period is with the employer OSM, not the Norwegian airline. A job security fear culture is created.

The REAL employer is the key factor.

EU law defines “the employer” as the entity controlling the working life, days off, vacation and providing the materials and equipment to do the job. Two publications atypically employed pilots, and those purportedly representing their best interests, should read:

http://www.ilo.org/wcmsp5/groups/pub...cms_209280.pdf

https://www.eurocockpit.be/sites/def..._15_0212_f.pdf

There are collective bargaining issues for pilots flying for Ryanair and Norwegian (pilots at Norwegian are represented to service provider agency OSM, not to the airline). The remedy exists for both groups to significantly improve their lot. The first step is to establish a court ruling the AIRLINE is the employer. Legal rulings in Scandinavia and the USA have recently determined the Norwegian airline to be the employer.

The days may indeed be finally numbered for limited companies and service provider agencies, employing and renting pilots to airlines from PO Boxes and broom cupboard offices, and for those airlines taking advantage of such employment circumvention, shell game schemes.
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