Recruitment advertisements, company accounts and available Employment Contract all indicate a requirement for non-rated pilots to provide a bond in the form of cash payment or bank guarantee. Regardless, the novel and complex labor scheme circumventing direct employment with the airline remains questionable.
Companies House accounts list Rishworth’s Global Crew UK Ltd as an “employment placement agency”. For the period ending March 2016, “included within the amounts by the group undertakings is 1,130,000 Euros of funds held for pilots in the form of bonds”. The next accounts are due to by 30 September 2017:-
https://beta.companieshouse.gov.uk/c...filing-history
The filing states; “The Company does not have a bank account, therefore all income and expenditures are collected or incurred by other group companies” - “The Company’s immediate parent undertaking is Global Resources Singapore PTE Ltd, a company incorporated in Singapore”. However, a confirmation statement dated 24 April 2017, lists Empresaria NZ Ltd as “Persons with significant control” over Global Crew UK Ltd:-
https://www.empresaria.com/ - “Our brands; Rishworth Aviation”
The Employment Contract associated with Norwegian’s 787 operations on file with the DOT includes:
“Schedule 3 - Training
(b) The Employee agrees to provide the Employer with a training cost bond in EUR by way of either a bank guarantee from a satisfactory bank in favor of the Employer in a form accepted by the Employer, or a cash deposit to a bank account nominated by the Employer, to the requisite value specified below in respect of such training costs two weeks prior to the Commencement Date. The applicable training cost bond shall reduce on each anniversary of the Commencement Date in accordance with the schedule in Item (c) below.
(c) Where the Employee has undertaken a B787 type rating course at the Employer’s or the Client’s cost and this Agreement is terminated (excluding termination by the Employer under *Clause 9.1 of this Agreement [*30 days notice by Employer]) prior to completion of the term, the Employee shall immediately repay the Employer the training costs as follows, for the date on which the Employee's notice expires (where the employment has been terminated with notice), or the date on which termination takes effect (where the employment has been terminated without notice) (“Effective Date of Termination”) occurring between:
Pilots current and rated on any other accepted Boeing or Airbus aircraft type in JAA/EASA license when starting the B787 type rating course:
EUR 40,000
Effective Date of Termination, Amount to be repaid:
0-12 months - EUR 40,000
13-24 months - EUR 27,000
25-36 months - EUR 13,000
After 36 months – Nil”
The Employment Contract on file with the DOT also contains;
“Clause 10, Material Changes/Redundancy/Transfer of Employment –In circumstances where;
(b) Client [Norwegian airline] terminates its agreement with the Employer [agency] with respect to the Employee [pilot] - then the Employer shall be entitled to terminate this agreement by giving 30-days notice to the Employee or (if greater), any employee entitlements will be in accordance with the laws of England and Wales” - or appropriate EU country.
Employment laws of England and Wales state that a minimum one week notice must be given if employment is less than two years and an additional week for each year of service thereafter.
Reference to Schedule 3, Training, clause (c) suggests that if you receive 30-days notice from the agency Employer via Clause 9.1 you are not liable for training costs. Presumably, you would have no liability under Clause 10 (b) above. But remember, your bank guarantee or cash payment is under the control of the agency Employer (“in favor of the Employer”).
Despite Clause 10 (b), this labor scheme is being marketed as “permanent employment”.
Response to refute or comment on the above is welcomed. Sadly, some are so disheartened with Norwegian’s “employment” shortcomings they respond in frustration with no association to the post or thread whatsoever. Fortunately, the administrators recognize the irrelevance and take the appropriate action.