International Aviation Labour Law explores the status quo of the international regulation of labour and employment within the air transport industry and provides a detailed analysis of the regulatory endeavours undertaken at the international, European and domestic level to harmonise aviation labour regulations and ensure adequate labour standards for aircrew members.
Offering an original insight into the regulation of labour in the aviation sector and airline industry, it analyses regulatory endeavours undertaken at the international, European and domestic level, exploring the main challenges arising from non-uniform and fragmented regulation of labour standards in the air transport sector. In particular, it investigates whether aviation labour regulations are sufficiently harmonised at an international level to ensure adequate labour standards for aircrew members. Key concerns relating to aviation labour are dealt with from a regulatory and practical perspective, and the current normative gaps are examined in view of potential future regulatory trends and solutions via a thorough analysis of the applicable legislation, landmark court decisions and the use of practical examples, to provide an overview of the various nuances of the topic.
The book identifies and explore the main implications and repercussions of regulatory asymmetry and highlights the critical role of labour for air transport and how discrepancies in labour regulation may affect the practice of flying and the essence of aviation safety. It emphasises a strong need for international regulatory coordination and is a key reference for a varied audience of students, academics, professionals and rule-makers involved in the air transport arena and for all those who have an interest in the regulation of labour and employment in aviation.
Author(s): Andrea Trimarchi
Series: Routledge Research in Air and Space Law
Publisher: Routledge
Year: 2022
Language: English
Pages: 248
City: London
Cover
Half Title
Series
Title
Copyright
Dedication
Contents
Biography
Abbreviations
Acknowledgements
Preface
Introduction
1. Labour and Air Transport
2. Brief Synopsis of the Chapters
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
3. Some Short Remarks on the Foreseeable Impact of the Current COVID-19 Pandemic
Notes
1 The Law of Labour
1. International Labour Law
1.1. Historical Background
1.2. The Declaration of Philadelphia 1944 and the Establishment of the International Labour Organization
1.3. The Declaration on the Fundamentals Principles and Rights at Work of 1998 and the Pillars of International Labour Law
1.4. The Structure of the International Labour Organization
1.5. The Rule-Making Activity of the Organisation: Conventions and Recommendations
2. The Regulation of Labour and Employment in the European Union
2.1. Introduction
2.2. The Basic Principles of European Labour Law
2.2.1. The European Convention on Human Rights
2.2.2. The European Social Charter of 1961
2.2.3. The Community Charter of the Fundamental Social Rights of Workers
2.2.4. The European Pillar of Social Rights
2.3. Labour and Employment in the Treaty on the Functioning of the European Union
2.3.1. Article 9 of the Treaty on the Functioning of the European Union
2.3.2. The Union’s Legislative Competence in the Field of Labour and Social Policy
2.3.3. An EU Social Policy between Harmonisation and Minimum Standards
2.3.3.1. European Hard Labour Law: The Areas of Action
2.3.3.2. The Role of Social Dialogue
2.3.4. The Freedom of Movement and the Protection of Migrant Workers’ Rights
2.3.5. The Notion of Worker
Notes
Recommended Literature
2 The Regulation of Labour and Employment under International Air Law
1. Introduction to International Air Law
1.1. The Convention on International Civil Aviation
1.2. The Regulation of Commercial Air Transport
2. Aviation Labour as a Hybrid and Multifaceted Concept
3. Labour in Treaty Air Law
3.1. Labour in the Chicago Convention 1944
3.2. The Mutual Recognition of Licenses
3.3. The Annexes to the Chicago Convention 1944 and the Standards and Recommended Practices
3.4. The Legal Status of Standards and Recommended Practices
4. Annex 1 to the Chicago Convention 1944 on ‘Personnel Licensing’
5. The International Civil Aviation Organization
5.1. Introduction
5.2. Labour and Social Issues and ICAO’s Activity
5.2.1. General Remarks
5.2.2. Global Social Principles
5.2.3. Recent Developments
5.3. Pilot Fatigue
5.3.1. The Notion of Fatigue in Aviation
5.3.2. The ICAO Fatigue Management System
6. Labour and Employment in Air Services Agreements
6.1. The Role of Bilateralism
6.2. Labour in Air Services Agreements: The ‘Open-Skies’ Era
6.3. The ‘Labour Matters’ Clause: The Example of the EU/Canada Air Services Agreement
6.4. Regulating ‘Social Aspects’ in the EU/Qatar Horizontal Agreement: A Landmark Step for the EU External Aviation Policy
Notes
Recommended Literature
3 The Regulation of Labour and Employment under European Air Law
1. Introduction to European Air Law
1.1. Air Transport in the Treaty on the Functioning of the European Union
1.2. The Creation of a Single Aviation Market
1.3. The Provision of Air Services in the European Union
2. A Comprehensive European Policy in Air Transport
2.1. The External Aviation Policy of the Union: A Social Dimension
2.2. A European Social Dialogue in Aviation
2.3. The Activity of the European Commission and the 2019 ‘Social Agenda’ for Aviation
3. European Secondary Legislation in Aviation
3.1. The Role of the European Union Aviation Safety Agency
3.2. The European Legal Regime Concerning Aircrew
3.2.1. Regulation (EU) No. 1178/2011 on Technical Rules for Aircrew
3.2.2. Aircrew Flight and Duty Time Limitations
Notes
Recommended Literature
4 The Impact of Fragmented Labour Standards in Air Transport
1. Atypical Employment
1.1. Introductory Remarks and Terminology
1.2. Employment via Intermediary Work Agencies
1.3. Part-Time Employment
1.4. The Issue of Pilots’ Self-Employment and Bogus Employment
1.5. The Practice of ‘Pay-to-Fly’
1.5.1. Introduction
1.5.2. Pilots’ Education and Training
1.5.2.1. International Regulation
1.5.2.2. European Union
1.5.2.3. United States
1.5.3. Legal Issues and Practical Repercussions of ‘Pay-to-Fly’
1.5.4. The Regulation of ‘Pay-to-Fly’: Some Selected Jurisdictions
1.5.4.1. General Overview
1.5.4.2. United States
1.5.4.3. France
1.5.4.4. Germany
1.5.5. ‘Pay-to-Fly’ and the Notion of Employment under the Law of the European Union
2. Issues of Discrimination Relating to Aviation Personnel
2.1. Introduction
2.2. Gender Discrimination
2.2.1. Women in Aviation
2.2.2. Gender Gaps in Labour
2.2.3. Gender-Segregation in Civil Aviation
2.2.3.1. Some Historical Features
2.2.3.2. Legal and Institutional Constraints to Gender Equality in Aviation
2.2.4. Current Challenges
2.2.4.1. Employment Conditions and Equal Pay
2.2.4.2. Maternity and Career Development
2.3. Age Discrimination
3. Competition
3.1. Introduction to Fair Competition in Air Transport
3.2. The Notion of Competitive Non-Commercial Advantage
3.2.1. Economic Background
3.2.2. Non-Commercial Advantages in International Trade Law: the WTO Regime
3.2.3. Non-Commercial Advantages in European Union Competition Law
3.2.4. Practical Examples
3.3. Non-Commercial Advantages and Air Transport
3.3.1. The Case of the Gulf Air Carriers
3.3.2. Labour Standards and Social Conditions
4. Jurisdictional Issues and Applicability of Labour and Social Security Laws in Aircrew Employment
4.1. Introduction
4.2. Private International Law, Conflict of Laws and ‘Legislation Shopping’
4.2.1. Introduction to Private International Law
4.2.2. European Law: the Rome I and the Brussels I Regulations
4.3. The Development of the Notion of ‘Habitual Place of Work’
4.4. The ‘Habitual Place of Work’ of Aircrew Members
4.5. Some Domestic Regulatory Developments: The Example of French Labour Law
4.6. The ‘Habitual Place of Work’ and ‘Home Base’ Criteria in the Interpretation of the Court of Justice of the European Union
4.7. The European Union Legal Regime for Coordination of Social Security Laws
4.8. Applicability of Social Security Legislation to Aircrew
5. External Factors
5.1. The Impact of the COVID-19 Pandemic on Aviation Labour and Air Transport
5.1.1. Introduction to the COVID-19 Pandemic Outbreak
5.1.2. Work and Employment in Light of COVID-19
5.1.3. Current and Perspective Implications for Air Transport
5.2. Other Social and Environmental Trends: The Case of Flygskam
5.2.1. Introduction
5.2.2. Flygskam
5.2.3. A Potential Impact on Aviation Labour?
Notes
Recommended Literature
5 Aviation Labour Law as a Self-Standing Branch of Law
1. The Need for a Specific Set of International Rules
2. An ILO Convention on Aviation Labour
2.1. ILO Conventions as Binding Instruments of International Law
2.2. Analogies with Other Industries: the ILO Maritime Labour Convention of 2006 as a Case Study
2.2.1. Aviation and Maritime Labour
2.2.2. Maritime Labour and the ILO’s Activity
2.2.3. Scope, Applicability and Features of the ILO Maritime Labour Convention
2.2.4. Minimum Requirements
2.2.5. Conditions of Employment: A Potential Basis for an Aviation Labour Convention
2.2.6. Social Security
2.3. Doubts and Critical Assessment
3. Standards and Recommended Practices for Labour and Employment Matters: A Dedicated ICAO Annex?
3.1. Harmonisation and Uniformity through Technical Regulation
3.2. The Dual Role of ICAO
3.3. Labour Standards: A New Annex to the Chicago Convention 1944?
3.4. An Analogy with Environmental Protection and Annex 16 to the Chicago Convention 1944: Some Considerations
3.5. An Additional New Volume Regulating Labour in Annex 1?
3.6. Pros, Cons and Appropriateness of Aviation Labour Standards and Recommended Practices
4. Bilateralism as a Vehicle for the International Promotion of Aviation Labour and Social Standards?
4.1. Introduction
4.2. Economic Regulation through Bilateral Agreements: Evidence from the Past and Trends from the Future
4.3. Regulation of Labour and Employment through Air Services Agreements between Extrinsic Benefits and Intrinsic Resistance
4.4. A ‘Social Clause’ in Air Services Agreement
Notes
Recommended Literature
Conclusions
Appendix: Excerpt of Relevant Legal Texts
List of Sources
Index
