ECA, together with other social partners in the civil aviation sector, have signed a joint position stating that “the ‘home base’ of mobile Air Transport workers is the best determinant of the applicable social security law.” The Social Partners draw the attention of the EU Council, the European Parliament and the European Commission to the considerable disadvantages in using a different criterion.
Download ECA Position Paper: AEA/ECA/ETF Joint Position on the Social Security Regime Applicable to Air Crews
Full Position Paper
Employers: Association of European Airlines (AEA) ‐ Employees : European Transport Workers’ Federation (ETF) and European Cockpit Association (ECA)
The Air Transport Social Partners above wish that the principles of regulations 883/2004 and 987/2009 determining applicable law for social security provision for workers, based on place of work, be applied to mobile Air Transport workers. The social partners therefore believe that the ‘home base’ of mobile Air Transport workers is the best determinant of the applicable social security law. The signatory Air Transport social partners draw the attention of the EU Council, the European Parliament and the European Commission to two considerable disadvantages in using a determinant of workers’ activity levels in different member states.
Using residence combined with number of destinations calculated on a calendar year basis as proposed by the Commission is not compatible with the way air operations are designed. Aircrews’ work is organised in rosters (where duties or series of duties start and end in the same place, the “Home Base”) which are organised in 2 different seasons, winter and summer. Accounting and reporting periods are also based on summer/winter seasons. Obliging the industry to follow the currently proposed guidelines would put a significant and disproportionate burden on the European airline industry.
Furthermore, only a reference to “Home Base” will ensure a level playing field, the viability of local social security systems, the prevention of forum shopping and social dumping and harmonised application of the Regulation in the EU.
Brussels, June 8, 2011