SOCIAL DUMPING IN CIVIL AVIATION ETF VIEWS

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Presentation transcript:

SOCIAL DUMPING IN CIVIL AVIATION ETF VIEWS European Transport Workers’ Federation SOCIAL DUMPING IN CIVIL AVIATION ETF VIEWS European Economic and Social Committee Hearing Brussels, 16 April 2015 François Ballestero, ETF Political Secretary

Introduction Social dumping exists Difficulty to have a common definition 5 important information: - ECJ, ruling on 18 December 2007 on Laval - Commission conference on 4 June 2015 - Informal Transport Ministers’ Council meeting on 7 October 2015 - Various initiatives from the European Parliament (TRAN and EMPL) - ETUC and ETF campaigns

Social dumping in aviation ETF definition Practice designed to take advantage of competition between workers from different EU and third countries (cheapest salary, the use (abuse) of agency temporary workers, subcontracting, bogus self-employment, offshoring, etc). Some companies use loopholes in legislation. The dangers are the following: no level playing field between the companies unfair competition, which leads to unfair European aviation industry spiral of unacceptable social dumping practices lack of cohesion in Europe The consequences are the following: massive redundancies bankruptcy and closure of airlines

ETF vision for the future Fair civil aviation in Europe Safety of passengers and high quality of aviation services Yes to free movement and freedom of establishment End of social dumping Yes to fair working conditions and social rights for the aviation employees The single market must develop within a social framework!

The ETF calls for fair rules The ETF has identified 12 proposals to prevent social dumping and flags of convenience in European aviation. These solutions concern the EU aviation legislative framework as well as a comprehensive range of social proposals.

12 ETF proposals Recognition of trade unions in all companies in all countries where they employ personnel and of their ability to negotiate collective agreements, including the transnational level Improvement of the Regulation (EC) No 1008/2008 on common rules for the operation of air services – binding application of national social legislation + principal place of business Improvement of Regulation (EC) N° 868/2004 concerning protection against subsidization unfair pricing practices

12 ETF proposals Improvement of the Regulation 987/2009 on social security coordination Improvement of the Regulation (EU) No 805/2011 (ATCO licence) Improvement of the Directive on Temporary Agency Work (2008/104/EC) to promote direct employment Improvement of the Council Directive 2000/79/EC on Working Time of Mobile Workers in Civil Aviation Improvement of the Directive 2011/98 EU (single permit directive) to extend it to aircrew

12 ETF proposals Adoption of an EU legislation against bogus self-employment Negotiation of an agreement between the EU civil aviation social partners on labor laws applicable and on the social rights of the civil aviation employees Adoption of a new Ground Handling Regulation - binding social protection & application of a representative collective agreement An EU observatory on jobs and working conditions is needed in civil aviation

The EU players must act now! After studying, after discussing and after debating, the Commission, the European Parliament and the Council of Transport Ministers must move and act. After meeting and after discussing, the social partners need to deliver as well.

www.etf-europe.org