Resource

Fair aviation for all – The legal issues (Jan 2019)

The ETF insists that European aviation industry including all of its sub-sectors (airlines, ground handling, security, air navigation services, etc.) must offer fair opportunities for all stakeholders and rogue competition under the pretext of “getting cheaper airfares” should not be allowed. In this spirit, the ETF and its affiliated unions wish to contribute to the development of the social chapter of the strategy and come up with concrete proposals on how to address some of these challenges. This booklet sets out the discussions and conclusions of this project, which aims to build capacity and promote fair competition on the basis of social fairness, quality and safety (as opposed to price competition) in the environment of increased global competition. This includes notably identifying ways to avoid discrimination between workers and promoting decent working conditions especially for aircrew and ground handling workers.

TABLE OF CONTENTS

FOREWORD

I THE LEGAL FRAMEWORK FOR LABOUR LAW AND SOCIAL SECURITY LAW IN THE AVIATION SECTOR

A. A changing world of employment
B. Applicable labour law
C. The applicable social security legislation

II. PRINCIPLE PLACE OF BUSINESS AND OPERATIONAL BASES: REGULATION (EC) NO 1008/2008
A. The set-up of bases by airline companies
B. The application of free movement of services and free movement of establishment
C. Free movement of establishment and operational bases
D. Recommendations

III. THE AVIATION SECTOR: GROUNDHANDLING STAFF AND TRANSFER OF UNDERTAKINGS

A. The liberalisation of the groundhandling market: the adoption of Directive 96/67/EC
B. The Directive on transfers of undertakings (Directive 2001/23/EC): a way out?
C. Recommendations

IV. AVIATION AGREEMENTS AND SOCIAL CLAUSES

A. Liberalisation of trade and social clauses: the development of an EU aviation policy in three phases
B. Aviation policy and social consequences
C. A need for social clauses?
D. A worldwide debate: the WTO and the inclusion of social clauses
E. GATS and Airport Transport Services
F. TISA and Airport Transport Services
G EU agreements on the liberalisation of the aviation industry and the social clause
H. Where to go to from here?
I. Recommendations

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