EU: airlines can no longer choose the social security legislation applicable to their flight crew

The text adopted includes the concept of “home base,” already used in another aviation regulation (Annex III to Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation,) to determine the applicable legislation for flight crew.  Until now, a legal void in Community law allowed some airlines to apply the cheapest social security legislation.  The home base is defined as “the location nominated by the operator to the crew member from where the crew member normally starts and ends a duty period, or a series of duty periods, and where, under normal conditions, the operator is not responsible for the accommodation of the crew member concerned.”  The text still requires formal adoption by the Council of Ministers before it can be published in the Official Journal.
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normally starts and ends a duty period, or a series of duty periods, and where, under normal conditions, the operator is not responsible for the accommodation of the crew member concerned.” The text still requires formal adoption by the Council of Ministers before it can be published in the Official Journal.


Planet Labor, April 20, 2012, No. 120256 – www.planetlabor.com



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