Contractors worked on illegal terms and conditions
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Contractors worked on illegal terms and conditions
luftfart.nu google translate
The now defunct airline Primera acted illegally when it employed pilots based in Denmark as contractors without giving them contractual terms. This is how it sounds in a judgment from the Labor Court. The ruling is a victory in principle and may make it more difficult for companies to make similar constructions in the future, it sounds from FPU.
If a pilot is employed as a contractor based in Denmark, he is entitled to a contractual salary and terms of employment in accordance with the applicable Danish collective agreement. This is the ruling from the Labor Court, which has ruled on a matter of principle on social dumping in the airline Primera.
When the Icelandic airline Primera once flew charter routes, about half of its pilots were employed as so-called "self-employed contractors". They received neither pension nor holiday and were not paid if they had more than 10 sick days a year.
We had no doubt that the pilots who were self-employed contractors were also entitled to the same terms as the permanent employees. We considered it to be a creative recruitment structure that was to circumvent the agreement that Primera had signed with FPU. We are therefore really happy that the Labor Court now gives us the right that there was a breach of agreement, ”says Thilde Waast, chairman of FPU.
One year after the bankruptcy of Primera Air: "I still miss the wild, crazy and at times chaotic trip"
Significance in principle
Primera's contractors were employed through a staffing company on Guernsey, and the company did not believe that they were Danish employees and should have collective bargaining terms, even though FPU and Primera had signed a collective agreement. FPU therefore filed a lawsuit against Primera in 2018 to get the Labor Court to assess whether the employment structure was legal.
The new decision may have significance in principle, assesses FPU's chairman Thilde Waast.
"The ruling shows that there was a breach of contract, and this may have implications for other companies that are speculating in making similar constructions. This applies both in Denmark, and in addition, we at FPU will also make sure that you become aware of the ruling in the rest of Europe. ”
Millions Amount Appears In Primera Air: Evaporator In Lawyer Fees
Thilde Waast believes that the verdict can be particularly decisive in the uncertain time that has arisen in the wake of the corona crisis.
"It is extremely important that we now have this verdict, because we with corona are in a situation where a lot of pilots will have to be re-employed at some point, but where there will probably be fewer jobs. Some companies will no doubt see their cuts to forcing pressured and unemployed pilots into constructions that belong nowhere. Now we have a ruling that clearly indicates that this so-called contractor construction is illegal. "Concrete significance for previous contractors
One of the pilots who was employed as a contractor in Primera is Anders Moesby. He says that in many ways there was no difference between the daily work of those who were contractors and those on contract.
“The difference was that we got our pay from a drawer company on Guernsey and that we did not have the usual employee rights as a pension and paid holiday. Primera determined our working hours, and we communicated with them about everything, ”says Anders Moesby.
Ulrik and his colleagues fought for Primera Air to the last
In addition to the principled significance, the judgment in the Primera case may also have a concrete significance for Anders Moesby and the colleagues who were employed as contractors at the time of the bankruptcy. The FPU considers that they must be regarded as if they were under the agreement. Thus, they are entitled to coverage from the Employees' Guarantee Fund (LG), and FPU has therefore asked LG to resume processing of the notifications that LG received from Primera's contractors.
"We have been looking forward to some kind of justice for a long time. Hopefully, the ruling allows the approximately 40 contractors who have reported cases to LG to receive some form of compensation for the notice period. And then an emphasis has been placed on the fact that this type of employment is not permissible when there is a parallel agreement. The big animal in the revelation is if it can be a lever that can prevent the use of contractors and the division of staff into an A and B team, ”says Anders Moesby.
The now defunct airline Primera acted illegally when it employed pilots based in Denmark as contractors without giving them contractual terms. This is how it sounds in a judgment from the Labor Court. The ruling is a victory in principle and may make it more difficult for companies to make similar constructions in the future, it sounds from FPU.
If a pilot is employed as a contractor based in Denmark, he is entitled to a contractual salary and terms of employment in accordance with the applicable Danish collective agreement. This is the ruling from the Labor Court, which has ruled on a matter of principle on social dumping in the airline Primera.
When the Icelandic airline Primera once flew charter routes, about half of its pilots were employed as so-called "self-employed contractors". They received neither pension nor holiday and were not paid if they had more than 10 sick days a year.
We had no doubt that the pilots who were self-employed contractors were also entitled to the same terms as the permanent employees. We considered it to be a creative recruitment structure that was to circumvent the agreement that Primera had signed with FPU. We are therefore really happy that the Labor Court now gives us the right that there was a breach of agreement, ”says Thilde Waast, chairman of FPU.
One year after the bankruptcy of Primera Air: "I still miss the wild, crazy and at times chaotic trip"
Significance in principle
Primera's contractors were employed through a staffing company on Guernsey, and the company did not believe that they were Danish employees and should have collective bargaining terms, even though FPU and Primera had signed a collective agreement. FPU therefore filed a lawsuit against Primera in 2018 to get the Labor Court to assess whether the employment structure was legal.
The new decision may have significance in principle, assesses FPU's chairman Thilde Waast.
"The ruling shows that there was a breach of contract, and this may have implications for other companies that are speculating in making similar constructions. This applies both in Denmark, and in addition, we at FPU will also make sure that you become aware of the ruling in the rest of Europe. ”
Millions Amount Appears In Primera Air: Evaporator In Lawyer Fees
Thilde Waast believes that the verdict can be particularly decisive in the uncertain time that has arisen in the wake of the corona crisis.
"It is extremely important that we now have this verdict, because we with corona are in a situation where a lot of pilots will have to be re-employed at some point, but where there will probably be fewer jobs. Some companies will no doubt see their cuts to forcing pressured and unemployed pilots into constructions that belong nowhere. Now we have a ruling that clearly indicates that this so-called contractor construction is illegal. "Concrete significance for previous contractors
One of the pilots who was employed as a contractor in Primera is Anders Moesby. He says that in many ways there was no difference between the daily work of those who were contractors and those on contract.
“The difference was that we got our pay from a drawer company on Guernsey and that we did not have the usual employee rights as a pension and paid holiday. Primera determined our working hours, and we communicated with them about everything, ”says Anders Moesby.
Ulrik and his colleagues fought for Primera Air to the last
In addition to the principled significance, the judgment in the Primera case may also have a concrete significance for Anders Moesby and the colleagues who were employed as contractors at the time of the bankruptcy. The FPU considers that they must be regarded as if they were under the agreement. Thus, they are entitled to coverage from the Employees' Guarantee Fund (LG), and FPU has therefore asked LG to resume processing of the notifications that LG received from Primera's contractors.
"We have been looking forward to some kind of justice for a long time. Hopefully, the ruling allows the approximately 40 contractors who have reported cases to LG to receive some form of compensation for the notice period. And then an emphasis has been placed on the fact that this type of employment is not permissible when there is a parallel agreement. The big animal in the revelation is if it can be a lever that can prevent the use of contractors and the division of staff into an A and B team, ”says Anders Moesby.
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True fact, the Airbus longhaul operation hired people according to UK contracts with Latvian? style understanding of paid leave. The first few batches of pilots and cabin crew used to find that in months where they requested leave, their standard contracted off days were reduced by the same number of days. The whole operation was planned and budgeted this way until it was called out. If the Airbus delays didn't kill them, this would've as they realised over night they suddenly had to hire way more.
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The amount of £ paid out in day off payments to both flight crew and cabin crew during those last 2 months was probably enough to put us in trouble on its own.
Great to see this verdict even if “post-mortem” for this trash airline, whose owner moved it from Iceland to Denmark to flee Union litigation. And eventually getting a Latvian AOC (another Baltic mark of excellence).
The owner lost all of his travel conglomerate in Scandinavia. But never fear, he is starting again, citing his extensive experience.
The owner lost all of his travel conglomerate in Scandinavia. But never fear, he is starting again, citing his extensive experience.
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And in case anyone is thinking of shedding a tear. It was the parent group company that owned the aircraft leases and delivery slots. When the airline went bankrupt, those were sold for a handsome amount. The airline may have gone bankrupt but the people at the top didn't.
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Luftfart.nu and google translate
The ruling in the Primera case is a clear decision, and it states that companies can not underpay pilots who work on a Danish base, but do not get the same terms as their colleagues on a collective agreement, says labor market researcher Henning Jørgensen.
Last month, the Labor Court ruled that a pilot who is employed as a contractor based in Denmark is entitled to a contractual salary and terms of employment in accordance with the current Danish collective agreement.
"The labor court has ruled on payment, and whether the person in question has received his or her legal salary, and there is a clear decision," says Henning Jørgensen, professor and labor market researcher at Aalborg University, who has seen the verdict.
The verdict came after the FPU had asked the Labor Court to assess whether the airline Primera should have given the same conditions to the pilots it had hired via a manning company on Guernsey as the pilots covered by an agreement in Denmark.
"You can see that you can not just underpay pilots. It is positive that it is stated that you must have a contractual salary and not underpay. You can not undermine the agreement in this way here in Denmark. It is important to get it out, ”says Henning Jørgensen.
The ruling in the Primera case is a clear decision, and it states that companies can not underpay pilots who work on a Danish base, but do not get the same terms as their colleagues on a collective agreement, says labor market researcher Henning Jørgensen.
Last month, the Labor Court ruled that a pilot who is employed as a contractor based in Denmark is entitled to a contractual salary and terms of employment in accordance with the current Danish collective agreement.
"The labor court has ruled on payment, and whether the person in question has received his or her legal salary, and there is a clear decision," says Henning Jørgensen, professor and labor market researcher at Aalborg University, who has seen the verdict.
The verdict came after the FPU had asked the Labor Court to assess whether the airline Primera should have given the same conditions to the pilots it had hired via a manning company on Guernsey as the pilots covered by an agreement in Denmark.
"You can see that you can not just underpay pilots. It is positive that it is stated that you must have a contractual salary and not underpay. You can not undermine the agreement in this way here in Denmark. It is important to get it out, ”says Henning Jørgensen.
