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Easy Flexicrew Holiday pay

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Old 15th Feb 2010, 15:44
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Easy Flexicrew Holiday pay

Folks, to quote a line from the Flexicrew contract:

Leave



Leave will be allocated in accordance with the Working Time Directive, no payment will be made for periods of leave. Flexicrew Pilots shall ensure that their annual leave entitlements are scheduled to take place within specific time periods specified by easyJet, which shall not incorporate Summer months.
and according to the Citizens Advice Bureau website:

Most workers have the right to take a minimum amount of paid holiday. This is called statutory holiday.
You have the right to take statutory paid holiday from work if you are a worker. This includes people who work full-time, part-time, agency workers and casual workers. Only people who are self-employed and a few other exceptions will not be entitled to statutory paid holiday
Here is the link for the full load of information:

Holidays and holiday pay

As far as I can see, they are breaking to law, unless they make a defined separate payment on top of the hourly rate that they pay.

So are you pilots going to be a bunch of pussies and do something about it?!?!? I think I know the answer to that one.
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Old 15th Feb 2010, 17:48
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EasyJet will not be breaking the law, just using it to their advantage. As part time or casual workers the holiday entitlement can be based on the number of hours actually worked and then " annualised" to provide a comparison for entitlement. In theory, if you worked 4 hrs a day for 3 days, thats 12 hrs, which is rolled up to be 1.5 working days. As holidays are based on a minimum number per year for full time workers and pro-rata for part time and agency workers, which can include Public Holidays, under these calculations you would have to work a lot of hours to get the basic entitlement.
Is it morally right? well that's a personal decision, but I guess most flexi crew will have over half the month off in any event..allbeit unpaid.
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Old 15th Feb 2010, 19:30
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"which shall not incorporate Summer months. "

Surely if you are contracting you would simply not be available for a couple of weeks ?
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Old 16th Feb 2010, 07:55
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Not sure which Flexicrew contract this is from, but it's not the one the I've seen....

Under the old contract, a fixed amount was paid per day as holiday pay, thus removing the entitlement for paid leave- leave was accrued, then taken unpaid.

Apparently this is no longer legal, so under the new contract, paid holiday is accrued and then taken whenever you like i.e. work 10 hours, you accrue 1 hour paid holiday.

Sounds like there a different versions of this contract for different groups.

FYI any clause that states you cannot take holiday in a certain period invalidates the contract as a true 'contractors' contract, as to be a contractor you must have complete control over your own working hours etc etc, so good luck anyone trying to pull an IR35 breaking 'self employed' scam...
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Old 16th Feb 2010, 16:34
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Apologies, my original post is from the Parc contract. I have just seen the CTC contract and it does include holiday pay on top of the quoted pay rate.

This raises another question, why are there 2 companies offering, for what is in essence, the same deal?
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Old 16th Feb 2010, 16:40
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Divide and conquer, Easy got themselves a better deal by breaking CTC's monopoly and offering the contract to 2 different agencies.

Parc's contract is pretty similar to CTC's but the pilot works as self employed, which as noted above is not allowed with with what is, behind the smoke and mirrors, basically a permanent, full time employment contract with Easyjet under their rules (contractor has no control over hours, is unable to work for other employers alongside Easy etc etc). Should get interesting with the revenue.
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