Contracting legislation, USA
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Join Date: Jul 2006
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Contracting legislation, USA
Hello
I have been told a rumour that it is legally impossible to hire aircrew via a third party company in the USA. Is this correct?
Could anyone give me the legal basis for this claim and provide a reference?
In Europe it is legally possible (and increasingly normal) to sign a contract with a contracting agency tasked with hiring pilots on behalf of an air carrier.
Thanks in advance!
I have been told a rumour that it is legally impossible to hire aircrew via a third party company in the USA. Is this correct?
Could anyone give me the legal basis for this claim and provide a reference?
In Europe it is legally possible (and increasingly normal) to sign a contract with a contracting agency tasked with hiring pilots on behalf of an air carrier.
Thanks in advance!
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Yes, but beware that in Europe, even if your contract tells you that you are self employed, when you fly for only one airline, have an ID badge from that airline, get roster and vacation from that airline, you are an employee, and not a contractor. it is called false self employment and is ALWAYS the responsibility of the employER. the illegal contract is also ALWAYS the responsibility of the employER according to the European Work Legislation, which supercedes any local law by the way.
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Sadly, there isn't any legal conformity on the issue. Contracting pilots are not given equal rights as formal employees. Your perspective is one in which I agree on, but it's not the legal practice in european law.
Otherwise Ryanair pilots would strike, no?
But.. any input on US law would be appreciated
Otherwise Ryanair pilots would strike, no?
But.. any input on US law would be appreciated