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Superpilot 3rd Aug 2012 09:59

Can Flexicrewers advise what their employment status is when dealing with PARC? Do you setup a Ltd company and invoice through the Ltd or declare yourselves self employed? And finally are you expressly prohibited from using an umbrella company of your choice? Thanks

Tenatious 3rd Aug 2012 11:50

We become "Managing Directors" of a LTD company in Ireland along with about 50 other "Managing Directors". You have to use one of three accountants who assign you with the company name (most of which have nothing to do with aviation).

Craggenmore 3rd Aug 2012 17:24

Some bed-time reading or FAO-AMS reading for you..!

C.McCall (OBE) joins easyjet July 1st 2010 - 335,096 shares granted on 5th July 2010 - closing share price £392.00

http://2010annualreport.easyjet.com/...syJet_AR10.pdf

C.McCall (OBE) granted 344,405 shares 31st March 2011 - closing share price £339.90

http://2011annualreport.easyjet.com/...muneration.pdf

easyJet's share price August 3rd 2012 - £570.79

Then add the 'basic' salary on top.

Now ask yourself........
With the majority of full contract SFO's gone from the 04/05/06/07 era, and having been replaced with cheap UK Flexi-crew,.......do you really think C.McCall (OBE) will ever get rid of this scheme?

Poose 7th Aug 2012 12:33

@RHINO,

I beg to differ... :=
Agreed, the early stages of 'Flexicrew' while the cadets are receiving Type Rating and line training would be legal - it's the act of leaving them in post indefinitely as contractors known as disguised employment which is then illegal. Flexicrew are then just the same as the Storm McGinley and Brookfield guys at Ryanair.

Feel free to argue with HMRC IR35.
HM Revenue & Customs: Employment status

Pay particular attention to the bit about halfway down that link entitled 'Employed or Self Employed?
I think that will clarify exactly where Flexicrew, Brookfield and Storm McGinley stand...

Fursty Ferret 7th Aug 2012 13:52


The agency workers directive that came out last October should ensure that agency workers that are employed for over 12 weeks are entitled to the same basic salary as if they were employed by the company (easyJet). How do they get away with breaching UK workers rights?
Because it would require one of the flexi FOs taking EasyJet to an employment tribunal. BALPA refuses point blank to support them in this situation.

Mi EASA Su EASA 7th Aug 2012 14:23

Actually I believe with the new council in place, they will be looking at the legal side of things and have a budget in place for it.

goosemaverick 7th Aug 2012 14:50

Sure I read that CTC employ the flexy pilots? So I assume IR35 not relevant as they make NI and Tax controbutions as employees of CTC. Parc flexy are self employed so maybe that is a bit more murky...?

Poose 7th Aug 2012 16:22

Pulled straight from HMRC IR35;

"As a general guide as to whether a worker is an employee or self-employed; if the answer is 'Yes' to all of the following questions, then the worker is probably an employee:
  • Do they have to do the work themselves?
  • Can someone tell them at any time what to do, where to carry out the work or when and how to do it?
  • Can they work a set amount of hours?
  • Can someone move them from task to task?
  • Are they paid by the hour, week, or month?
  • Can they get overtime pay or bonus payment?
If the answer is 'Yes' to all of the following questions, it will usually mean that the worker is self-employed:
  • Can they hire someone to do the work or engage helpers at their own expense?
  • Do they risk their own money?
  • Do they provide the main items of equipment they need to do their job, not just the small tools that many employees provide for themselves?
  • Do they agree to do a job for a fixed price regardless of how long the job may take?
  • Can they decide what work to do, how and when to do the work and where to provide the services?
  • Do they regularly work for a number of different people?
  • Do they have to correct unsatisfactory work in their own time and at their own expense?"
Now apply this to Ryanair, too...

jackitin 8th Aug 2012 09:22

How about PARC setting up companies in Germany, France etc and then they are able to "offer" a 2 year Flexi-contract as local taxes will be paid?

Heard it yesterday from a SXF based flexi FO. Next Flexi Captains?

stiglet 8th Aug 2012 09:34

This is difficult as who are the ones wanting to fight to change it?

Obviously not the company as they are saving money.
Not CTC as they are making money out of it.
Not the Wannabees as without this opportunity they wouldn't get straight onto a jet flying for a large airline.

Arguably the flexicrew can't (shouldn't) as they agreed (knew) the contract when they signed up.

Difficult for Balpa as they don't represent them.
Unfair to ask existing employees because the company would want something in return from them.

I guess HMRC want the change as they want more tax and less avoidance schemes.

Qualified/experienced pilots wanting to join the airline, but on permanent contracts would be the ones to gain most if this practice was to be stopped.

And that's where we should have been in the first place with a smooth progression through the aviation industry.

Fursty Ferret 8th Aug 2012 09:34


Actually I believe with the new council in place, they will be looking at the legal side of things and have a budget in place for it.
One does wonder what they were going with my subscription for the three years I was there...

A4 8th Aug 2012 10:13

@FF

Whilst BALPA may not be perfect, what do you think it would be like without them? The recent pay deal negotiated outstrips my BALPA subs by a multiple of perhaps 10 depending upon profit - pretty good value for money I'd say (take note non-members....)

The whole Cadet issue is a mess - perhaps the new legislation/HMRC are going to force a solution. Bottom line is the company are NOT going to suddenly go all cuddley over this and start throwing contracts about. They want flexibility, there are droves of wannabes :rolleyes: who are willing to provide said flexibility, only to have a sudden reality check about 6 months in despite being warned..... Just look back at threads from 2-3 years ago when this whole thing started.

The European economy is on the verge of meltdown, why would the company want to saddle itself with a shed load of employees (and associated liabilities) with such an unknown situation ahead. How does BALPA fight for non- employees? How can we take "action" in support of non-employees without opening ourselves up to disciplinery action? For example, I don't see many pilots "on strike" in support of the Dairy Farmers......despite agreeing with their grievance.

I'm not defending it, I'm just playing devils advocate - what would you do if it was your job to run the company?

a4000 8th Aug 2012 10:38

"Unfair to ask existing employees because the company would want something in return from them."

Unfortunately I believe existing employees are the only ones who can stop this. Otherwise this whole downward spiral will catch up with everyone eventually, look at FR:uhoh:

Norweign employees seem to have had some luck stemming the use of contractors

stiglet 8th Aug 2012 15:09

a4000 why should existing employees on permanent contracts take the hit when it is the guys on flexi contracts who accepted them?

Robert G Mugabe 8th Aug 2012 19:35

stiglet

Its like negotiating with a brick unfortunately

a4000 9th Aug 2012 09:33

"a4000 why should existing employees on permanent contracts take the hit when it is the guys on flexi contracts who accepted them?"

For reasons such as that mentioned by I like tea. If you have any significant time left in this industry then this downward trend in conditions will come to you too. Surely its better to fight sooner rather than later, before things get any worse.

Unfortunately the flexis dont have any other options coming out of training. Fair enough pretty big questions can be asked about anyone that decided to invest 100k in training during the worst recession of modern times, but thats another story....

A4 9th Aug 2012 11:29


Fair enough pretty big questions can be asked about anyone that decided to invest 100k in training during the worst recession of modern times, but thats another story....
Is it not the story - the elephant in the room? This is a scenario entirely of their own making. In the clamour to get a return on their investment, one has to ask if they gave due diligence and analysed the "what ifs". The term "horse" and "bolted" spring to mind. It was a "perfect storm" and many voiced caution and warnings on these fora. Why have the new T&C's got progressively worse - BECAUSE THEY CAN!!!!!!! BECAUSE THERE IS A SEEMINGLY NEVER ENDING SUPPLY 20 SOMETHING'S WHO ARE WILLING TO BET THE FARM TO GET THEIR HANDS ON A SIDESTICK FOR 8 MONTHS.

I stress, I think the situation is crap - but again I ask the question, what exactly do people think those on a permanent contract can do to change the situation? What realistic, LEGAL, non disciplinary inducing action can be used? I think the answer is - zip, nada, nothing. I'm not being defeatist, I'm being a realist.

I think this has been a 3 year, well engineered slam dunk by the company - that's their job!

I appreciate some of the things I've said may be unpopular or contrarian - but unfortunately that's the way I see it. It's their train set and they're going to play with it as they like and if you don't like it - we'll tough (reality check). As I mentioned previously, hopefully the employment regs/HMRC may force the issue - but I don't see anything else happening in the near term.

The guys leaving for MON etc - who can blame them - I just really hope it doesn't bite them in the ars€ in the next 24 months.........

Standing by for incoming!

A4

La Coneja 9th Aug 2012 11:42

Avoid the Flexicrew contract, is crap and the company plays with you.:=

FANS 9th Aug 2012 12:07


BECAUSE THERE IS A SEEMINGLY NEVER ENDING SUPPLY OF 20 SOMETHING'S WHO ARE WILLING TO BET THE FARM TO GET THEIR HANDS ON A SIDESTICK FOR 8 MONTHS.
For me, that sums up the situation perfectly and why the T&Cs will only carry on in a downward trajectory, barring a disastrous incident.

LHS next in line for cost savings to offset fuel....

Stone Cold II 9th Aug 2012 17:32

Don't sign up for the flexiscrew in the first place. If you all stopped doing it then the company would have no choice but offer permanent contracts and also take on experienced pilots, but since there is an endless supply of kids not wanting to work their way up from instructor (earning maybe £50 a month in the winter if your lucky), turboprop to jet and willing to be screwed who can really blame the company, you're your own worst enemy.

I don't agree with flexiscrew but sorry you agreed to it so don't complain about it. Bottom line is if you all hate it don't sign it and then maybe things will change. Balpa looks after easyJet pilots and last time I checked flexi pilots are NOT easyJet pilots. Best bet is to get Balpa into CTC etc.

easyJet plane = easyJet pilot.


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