Downgrading (CMD--->FO) LEGAL???
 

Hi all,
Since almost 6 years I fly as a commander in an international airline in Europe. Now, our company is getting short of money and they have to reduce the fleet... is it legal to downgrade me?


cool runnings


:cool:

Lime,

What law would stop them ?

Happens all the time!

Did it happen in line with seniority or did they pick you arbitrarily?

If you're lucky, perhaps they"ll keep you current in the left seat. that way it won't be a lot of work to get you back into the seat. It does take some extra work on your part.

mach's guet!

Definitely legal.

Sounds like you're surplus to requirements - an F/O will probably be made redundant as a result of them keeping you in a job by moving you to the right, so it's not all bad (for you!).

Is this quite as straight forward as everyone seems to think?
I assume you have a contract and that will specify your pay/terms and conditions (I would imagine).

Any company can change these at will and offer them to new joiners but I would be surprised if they could force them upon existing employees.

They could get rid of you and then ask you to reapply (as an FO) but wouldn't that attract some sort of redundancy?

I have no experience of this sort of thing - just some obsevations from an unqualified observer...:\

dont know if this is any help but a few years ago got faced with redundancy as capt on regional jet and had the choice of either accept the redundancy or go to turboprop fleet with associated reduced pay. in the end balpa stepped in to point out that legally was employed as a jet captain with jet captains pay so although they could change my fleets they could not reduce my pay

Been there, had that done to me. My contract said I was employed as a "pilot" and didn't specify Capt or F/O. I didn't have a legal leg to stand on but the company did continue to pay me as a Capt for 6 months after the downgrade.

Hi Lime,

The way I see it, is that it depends on the Collective Work Agreement which finished in Oct, I think.

If your contract is finished (technically), then they could simply offer you a new one as an FO, which is up to you to take or not as the case may be.

To 'downgrade' you on your present 'operating' contract would require terminating the contract as per the terms, and then offering you new terms.

I'm sure SPA is fighting this, but I'm not sure the result will be any different even if they can 'piggy back' the CLA onto the Aeropers one.

The arbitary decision to do it on seniority (ie anyone joining after summer '95) has upset a lot of the 'very' senior guys, so I'm sure this is not the last that we will hear about this.

BD