REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Aviation Strategy for Europe: Maintaining and promoting high social standards
Date: 2019-03-01
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: EU strategy, air safety, carrier, civil aviation, common transport policy, crew, labour law, posted worker, self-employed person, vocational training

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 1.3.2019  COM(2019) 120 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Aviation Strategy for Europe: Maintaining and promoting high social standards  
 
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE 
COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE 
COMMITTEE OF THE REGIONS 

Aviation Strategy for Europe: Maintaining and promoting high social standards 

1. 

INTRODUCTION 

In  2017,  the  EU  not  only  celebrated  25  years  of  its  internal  market  for  aviation1,  it  also 
proclaimed the European Pillar of Social Rights2. This is an EU success story. In particular, 
the success of the EU’s aviation market is made possible thanks to the many Europeans who 
work and serve in the sector every day. By making it easier and cheaper for Europeans to fly 
the  internal  aviation  market  has  brought  them  closer  and  better  connected  to  the  rest  of  the 
world. The unprecedented choice of air travel opportunities has enabled many Europeans to 
travel,  study  and  work  in  Europe  and  beyond.  The  number  and  frequency  of  flights  have 
grown substantially. The daily number of flights has increased from less than 10,000 in 1992 
to  around  25,000  in  20173  and  the  routes  from  fewer  than  2,700  to  8,4004.  In  2017,  over  1 
billion passengers travelled by air within, from or to the EU5.  

Air  transport  rules  have  been  harmonised  within  the  EU,  guaranteeing  that  all  operators, 
wherever  they  are  located  in  the  EU,  have  the  same  access  to  the  air  transport  market. 
However,  social  protection  and  labour  law  remain  primarily  a  responsibility  of  the  Member 
States6. This means that while all aviation staff benefit from the protection offered by EU law 
they  may  enjoy  different  rights  and  levels  of  protection  depending  on  the  national  law  that 
applies to them. This situation can be particularly challenging for aircrew (i.e., cabin crew and 
pilots)7 due to the cross border nature of their jobs.  

Pressure to reduce costs in a highly competitive market has stimulated innovation. It has also 
required  the  workforce  to  adapt  to  a  fast-developing  environment.  Some  airlines  have 
introduced  practices  (such  as  hiring  aircrews  via  intermediaries  or  as  self-employed  or  so-
called  "pay-to-fly")  which  impact  aircrew's  working  and  employment  conditions  and  may 
give rise to legal uncertainty. A series of strikes among aircrew across a number of Member 
States over recent years are an expression of the discontent of some aircrew with the change 
in their employment and working conditions.  

There is substantial EU legislation that sets minimum standards, and national legislation that 
protects workers, including aircrews. A set of specific EU rules also aims to protect them in 
their  cross-border  activities  and  ensures  that  aircrew  can  seize  job  opportunities  and  be 
protected  when  exercising  their  freedom  of  movement  in  the  internal  market.  However,  the 

1 https://ec.europa.eu/transport/modes/air/25years-eu-aviation_en  
2 https://ec.europa.eu/commission/sites/beta-political/files/social-summit-european-pillar-social-rights-
booklet_en.pdf. 
3 Eurocontrol. 
4 OAG. 
5 Eurostats, 2018. 
6 See Article 153 of the Treaty of the functioning of the European Union. 
7 As regards ground handlers, the unintended social impacts of the EU legislation on ground handling, notably on 
working  conditions,  will  be  part  of  the  analysis  in  the  upcoming  evaluation  in  2019.  As  regards  air  traffic 
controllers, see COM(2017) 286 final and SWD(2017)207 final. 

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European  Parliament,  the  European  and  Economic  and  Social  Committee,  Member  States, 
airlines  and  social  partners  have  expressed  concerns  about  the  negative  impact  that  some 
practices  by  certain  airlines  have  had  on  the  employment  and  working  conditions  of  some 
aircrews. They are concerned that this has led to legal uncertainty, different levels of worker 
protection and an uneven playing field for air carriers. The Commission has received requests 
for clarifications on these issues. 

In 2015, the Commission presented an Aviation Strategy for Europe8, which highlighted the 
social  agenda  in  aviation  as  a  priority.  It  has  since  acted  on  all  of  its  commitments.  The 
Commission  is  actively  supporting  social  dialogue  in  aviation,  in  particular  through  the 
sectorial  social  dialogue  committee  on  civil  aviation.  The  Commission  published  a  practice 
guide on applicable labour law and competent  courts in  20169. To  gain  further insights  into 
the situation of aircrews and their employment and working conditions in today's EU aviation 
market,  the  Commission  commissioned  a  study  on  employment  and  working  conditions  of 
aircrews  in  the  EU  internal  aviation  market  (the  'Ricardo  study')10.  It  also  benefited  from 
external studies11, regular exchanges with and input from stakeholders. In the context of the 
evaluation of the Air Services Regulation12, the Commission is also assessing the unintended 
social impacts of this legislation, notably on working conditions. 

In 2017, the European Parliament called on the Member States and the Commission to act on 
social issues in aviation, in particular in the case of highly mobile aircrews13. The European 
Economic  and  Social  Committee  also  encouraged  the  Commission  to  undertake  further 
practical measures to prevent the negative effects on employment, creating good quality jobs14 
while the European Committee of the Regions highlighted that a competitive and sustainable 
European  aviation  sector  in  the  long  term  is  essential  for  development  at  both  local  and 
regional level. The European Pillar of Social Rights was proclaimed in November 2017 by the 
European Parliament, the Council and the European Commission. It expresses principles and 
rights  essential  for  fair  and  well-functioning  labour  markets  and  welfare  systems  in  21st 
century Europe.  

More  recently,  and  in  the  context  described  above,  a  number  of  Member  States  called  for 
action at national and EU level to develop and implement an ambitious and meaningful social 
agenda in aviation. They highlighted the importance of ensuring healthy and fair competition 
and fair working conditions for the sector and called on the Commission to work further on 
"concrete  and  effective  measures  to  tackle  the  major  unresolved  issues"15.  An  airline 
organisation  representing  almost  a  quarter  of  the  EU  aviation  market  and  two  trade  union 

8 COM(2015) 598 final. 
9 https://publications.europa.eu/en/publication-detail/-/publication/41547fa8-20a8-11e6-86d0-01aa75ed71a1 
10 Study on the employment and working conditions of aircrews in the EU internal aviation market, [to be 
published]. 
11 Studies on the effects of the implementation of the EU aviation common market on employment and working 
conditions in the Air Transport Sector over the period 1997/2010, July 2012 and on employment and working 
conditions in air transport and airports, October 2015 (the 'Stear Davies Gleave study').  
12 Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on 
common rules for the operation of air services in the Community, OJ L 293, 31.10.2008, p. 3. 
13 Resolution of 16.02.2017 on the 2015 Aviation Strategy for Europe. 
14 Opinion TEN/581 on the Aviation Strategy for Europe, 14 July 2016, referring to Opinion TEN/565 on Social 
dumping in the European civil aviation sector, 16.09.2015. 
15 Joint declaration on a social agenda in aviation by Belgium, Denmark, France, Germany, Luxembourg and 
The Netherlands, 2.10.2018. 

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associations  representing  the  European  aircrew  also  made  an  urgent  appeal16  to  EU  and 
national decision-makers "to ensure appropriate social standards and a fair level playing field" 
in the EU aviation market focusing on aircrew.  

With  this  report,  the  Commission  takes  stock  of  progress  on  the  social  agenda  in  aviation 
which was set out in the 2015 aviation strategy. Focussing on aircrews, and in line with the 
Commission's  political  priorities  on  jobs,  growth  and  fairness,  the  report  reviews  the  main 
opportunities and challenges for aircrews today, building on the findings of the Ricardo study 
which analysed the key issues identified by the European aircrew organisations, while aiming 
to  improve  legal  certainty  for  mobile  aircrew.  It  also  identifies  some  concrete  actions  for  a 
stronger social agenda in aviation in the short term. 

2. 

JOBS AND EMPLOYMENT IN TODAY'S AVIATION MARKET 

Aviation  is  an  important  source  of  employment.  In  2016,  it  was  estimated  that  the  aviation 
sector  in  the  Union  had  directly  generated  2  million  jobs,  out  of  which  18.8%  were  jobs  in 
airlines,  and  has  overall  supported  9.4  million  jobs17.  Air  transport18  in  the  EU  directly 
accounts  for  437,000  workers  (193,000  women  and  244,000  men)19.  It  is  expected  that 
aviation  will  continue  to  generate  more  jobs20.  There  are  no  figures  available  regarding 
specifically aircrew. 

Traditionally,  air  carriers  had  their  fleet  and  aircrew  based  within  a  single  country,  i.e.,  the 
country where they had their principal place of business21. This also corresponded to the place 
where  aircrews  worked,  the  place  where  social  legislation  applied  and  the  place  that  had 
jurisdiction. In a liberalised and competitive market that requires greater flexibility and cost-
effectiveness,  airlines'  business  models  have  evolved  significantly.  In  this  context,  various 
employment arrangements and practices have developed in the sector, as they have in many 
other sectors of the economy. Low-cost flights, that typically operate point to point, grew by 
61%  from  2007  to  201622,  taking  almost  50%  of  the  intra-EU  market  in  terms  of  available 
seats23. With the increase in point to point routes, the number of operational bases has steadily 
grown since 2008, and aircraft and aircrew of the same airline are increasingly based outside 
the principal place of business of the airline, in the territory of other Member States or even 
sometimes in third countries. As highlighted by the Ricardo study, the use of multiple foreign 
operating bases has been a particular feature of low cost carriers. Some legacy carriers have, 
however, also started developing in a limited way additional operating bases. 

This trend has intensified the cross-border nature of aircrew activities and added complexity 
to their legal status under EU and national law. In particular, it has created uncertainty as to 
how to determine what court has jurisdiction and what labour law applies to the employment 

16 "A social agenda for European Aviation", Airline Coordination Platform, European Cockpit Association and 
European Transport Workers' Federation, 2.10.2018. 
17 https://aviationbenefits.org/media/166344/abbb18_full-report_web.pdf. 
18 Airport operations and repair and maintenance of aircraft or aircraft engines are not included. 
19 Eurostats, Q2 2018. 
20 According to Airbus forecasts, there will be a worldwide demand  for additional 538,000 pilots between 2017 
and 2037 (219,000 in the Asia Pacific region, 68,000 in North America, 94,000 in Europe, 57,000 in the Middle 
East, 52,000 in Latin America, 25,000 in Africa and 23,000 in Russia/ Central Asia). 
21 See Article 2(26) of the Air Services Regulation. 
22 Eurocontrol. 
23 OAG summer schedules. 

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contract  of  aircrews  assigned  to  a  home  base  outside  the  principal  place  of  business  of  the 
airline. 

The Air Services Regulation, which is the EU legal framework for the EU internal aviation 
market,  acknowledges  the  "growing  importance  of  air  carriers  with  operational  bases  in 
several  Member  States"  (Recital  4)  and  provides  that  "With  respect  to  employees  of  a 
Community air carrier operating air services from an operational base outside the territory 
of  the  Member  State  where  that  Community  air  carrier  has  its  principal  place  of  business, 
Member  States  should  ensure  the  proper  application  of  Community  and  national  social 
legislation"  (Recital  9).  Therefore,  the  Air  Services  Regulation  applies  without  prejudice  to 
the  application  of  relevant  EU  law  and  national  law  protecting  employees,  such  as  rules  on 
social security. This report focuses on the rules that are relevant for aircrews in the context of 
current developments in the market. 

3. 

SOCIAL DIMENSION AS PART OF THE SAFETY ASSESSMENT 

Safety is the first priority in aviation. EU aviation safety rules apply the same way to aviation 
personnel, regardless of their contractual relationship with the airline. The EU aviation safety 
rules contain the concept of home base which serves as a reference to calculate flight and duty 
times limitations. The concept of home base means "the location, assigned 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 circumstances, the operator is not responsible 
for the accommodation of the crew member concerned"24. 

The potential impact that different employment conditions may have on safety is taken very 
seriously and is subject to ongoing analysis by the European Union Aviation Safety Agency 
(EASA)  and  the  Commission.  Two  recent  developments  further  incorporate  the  social 
dimension in airlines' safety assessments.  

In  August  2017,  the  European  Union  Aviation  Safety  Agency  issued  recommendations  on 
new  business  models  of  commercial  air  transport  operators25.  Given  the  different 
contractual  arrangements  among  aircrews  (e.g.  temporary  employment  models,  employment 
via intermediaries or self-employment), the report recommended that operators focus on the 
monitoring by type of  contract  or category of staff in  the light  of a number of indicators as 
part of an operator's safety management system.  

Moreover,  under  the  New  Basic  Aviation  Safety  Regulation,  which  entered  into  force  on 
11 September  201826,  the  socioeconomic  factors  are  taken  into  account  in  order  to  address 
socioeconomic risks to aviation safety. In addition, when EASA drafts rules that could have 
important social implications it must appropriately consult stakeholders, including EU social 
partners.  

4. 

OPPORTUNITIES  AND  CHALLENGES  FOR  AIRCREWS  IN  TODAY'S  EU  AVIATION 
MARKET 

24 See footnote 29. 
25 EASA Practical Guide, Management of hazards related to new business  models of commercial air transport 
operators. 
26 Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in 
the field of civil aviation and establishing a European Union Aviation Safety Agency, OJ L 212, 22.8.2018, p. 1. 

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4.1. 

Attracting and training young people  – maintaining and creating 
highly skilled jobs in air transport 

The future of the European aviation sector depends on its ability to attract and retain a highly 
skilled  workforce.  According  to  prognoses,  there  will  be  a  worldwide  demand  for  an 
additional 538,000 pilots between 2017 and 203727.  

Stakeholders,  in  particular  trade  unions,  some  airlines  and  the  European  Parliament,  are 
concerned that pilots  have to  pay  for training purposes, such  as for their  line training  while 
operating as a regular pilot on an aircraft in commercial service.  

Becoming  a  pilot  requires  lengthy  and  costly  training.  In  general,  access  to  the  profession 
includes  three  main  steps:  basic  training  to  obtain  the  airline  transport  pilot  licence 
(ATPL)28; type rating to fly a specific type of aircraft; line training where the pilot gains the 
requisite flight experience to operate as a regular pilot by flying on a commercial passenger 
flight as a regular pilot (as second or first officer), alongside a line training captain.  

Pilot  training  practices  have  changed  significantly  over  the  last  decades.  Airlines  typically 
used to pay for the training of their pilots, who were then very often bonded to their employer 
for  a  number  of  years.  A  large  number  of  pilots  also  came  from  the  military.  The  Ricardo 
study highlights that today most pilots need to contribute to financing their training (to some 
extent) at all levels. Most of them have to pay for their basic training and type rating. Such 
costs  typically  constitute  education  costs  (similar  to  other  professions)  which  in  the  case  of 
aviation are particularly high: basic training can cost up to €100,000; type rating costs around 
€30,000.  

4.1.1.  Pay to fly  

Today,  line  training  may  be  provided  by  the  employer  as  part  of  a  newly  educated  pilot’s 
employment,  or  pilots  may  need  to  pay  to  gain  flight  experience.  According  to  the  Ricardo 
study, it is the latter situation that is typically referred to as 'pay-to-fly' or 'self-sponsored line 
training'.  There  is  no  commonly  agreed  definition  of  pay-to-fly  at  EU  level29.  There  is  no 
clear information on whether or not such schemes are widespread within Europe. In order to 
gain requisite flight experience, between 2.2 and 6.1%30 of the surveyed pilots in the Ricardo 
study have had to  contribute financially  while  flying on commercial flights.  Conversely,  19 
out of the 27 surveyed airlines had not made use of (or participated in) such schemes over the 
last 3 years31. The potential reasons for participating in such schemes might be (1) to qualify 

27 See footnote 20. 
28 The licence will be "frozen" until the pilot has gained the requisite line training. The pilot can fly as a second 
or first officer. 
29 Pay-to-fly typically refers, in the study and in this report, to a situation where, in the context of line training, a 
pilot operates an aircraft in commercial service (e.g. revenue earning flight), pays the air carrier for the training. 
The pilot may or may not have a contract with the air carrier. It should be noted that line training can be, and is 
often, packaged with type rating, which was not considered to constitute pay-to-fly. 
30 Depending on whether type rating was included in the response.  
31 Among the 8 airlines that said they had used such schemes, four were traditional scheduled air carriers, one 
low-cost, one ‘other’, and two unspecified. 

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faster to be able to operate as a captain and more in general (2) to increase employability32. 
Younger, less experienced pilots tend to be more likely to participate in such schemes.  

Pay-to-fly is not specifically regulated or prohibited at EU or national level. However, some 
countries  such  as  France  or  Germany  consider  that  such  practices  are  potentially  part  of  an 
employment relationship and should therefore not be paid by the pilot33. In this context, it can 
also be noted that the Commission proposal for a Directive on transparent and predictable 
working conditions in the European Union34 obliges employers to provide cost free training 
to employees when this training is required by EU or national legislation or relevant collective 
agreements. 

4.1.2.  Quality of training 

The  Aircrew  Training  Policy  Group35  has  raised  concerns  about  the  quality  of  the  training 
programmes  offered  by  certified  flight  schools.  Skills  gained  by  the  cadets  may  not  always 
match  the  skills  required  by  airlines.  Airlines  representing  a  significant  share  of  the  EU 
market  have  reported  that  a  large  proportion  of  pilots  that  hold  an  airline  transport  pilot 
licence do not meet the airlines' basic entry requirements. This represents a serious issue for 
young pilots who are not able to get a job after completing an expensive education. It might 
also,  in  the  long  run,  lead  to  a  possible  shortage  of  qualified  and  employable  pilots,  which 
could affect growth in the aviation industry. 

Moreover, the development of new technologies and automation, such as drones, will have an 
impact on the workforce in civil aviation, including aircrew. The conference organised by the 
Commission on 20 November 2018 on Automation in transport and how it affects the labour 
force  identified  the  need  to  accompany  the  transition  by  addressing  the  digital  divide  and 
inequalities,  filling  the  skills  gap  and  being  prepared  to  address  the  consequences  of  jobs 
moving more easily to other parts of the world36. 

ACTION37 

The Commission, with the support of the European Union Aviation Safety Agency (EASA) 
and  in  close  cooperation  with  relevant  stakeholders,  will  continue  to  assess  how  traditional 
training process could be gradually moved towards evidence and competency-based training 
to maintain the highest level of aviation safety while preserving the employability of pilots in 
the future.  

32 The majority of surveyed pilots in the Ricardo study (62.5%) had participated with the expectation of getting a 
permanent  position.  It  has  also  been  argued  that  participating  in  such  schemes  may  be  the  only  way  to  be 
recruited by one airline. The Ricardo study does not provide any further evidence on this, nor data on the split 
between (1) and (2). 
33  Elements  such  as  dependency  or  a  longer  relationship  with  the  air  carrier  could  be  indicators  of  a  de  facto 
employment relationship. 
34 COM(2017)797.  
35 Who assists EASA by offering advice on commercial pilot training matters. 
36 https://ec.europa.eu/transport/themes/social/automation_en 
37 See also horizontal actions in the conclusion of this Report. 

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The Commission [urges the co-legislator to adopt the proposal for a Directive on transparent 
and  predictable  working  conditions  and]  will  monitor  how  this  Directive,  once  transposed, 
impacts the training of aircrew.  

In 2019, the Commission will launch a study to identify various policy options to support the 
transition towards automated transport for workers in all transport modes, including training 
and reskilling. 

4.2.  Maintaining  and  promoting  high  EU  social  standards  for 

aircrews: trends and challenges 

4.2.1.  Applicable law and competent jurisdiction 

According  to  the  Ricardo  study,  the  majority  of  aircrew  members  who  responded  to  the 
survey (82% of pilots and 88% of cabin crew) said that the law applicable to their contracts is 
that  of  their  contractual  home  base.  Air  carriers  who  tend  to  operate  multiple  operational 
bases where aircrews are based were found to be more likely to apply the law corresponding 
to  the  country  where  they  have  their  principle  place  of  business,  regardless  of  where  their 
aircrews are based. 

Due to the high mobility of aircrews, identifying which social security legislation and which 
labour  law  they  are  entitled  to,  and  in  which  court  they  can  claim  their  rights  can  be 
challenging.  

The  Regulation  on  the  Coordination  of  Social  Security  Systems38  provides  coordination 
rules  to  protect  the  social  security  rights  of  workers  who  moving  within  Europe.  As  a  rule, 
persons  are  subject  to  the  legislation  of  a  single  Member  State.  In  the  specific  case  of 
aircrews,  it  is  the  legislation  of  the  Member  State  where  the  home  base  of  the  aircrew  as 
defined under aviation safety legislation39 is located that is applicable. The introduction of this 
connecting  factor  has  contributed  to  more  legal  certainty  as  to  aircrews'  social  security 
coverage. 

The Practice guide that was prepared in 2016 by the European Judicial Network in civil 
and  commercial  matters40  provides  guidance  which  is  highly  relevant  for  mobile  aircrew. 
Parties  to  an  individual  employment  contract  can  choose  the  applicable  national  law  and 
competent  jurisdiction for the purpose of their contract.  In order to  protect  the employee  as 
the  weakest  party  to  the  contract,  a  choice  of  jurisdiction  is  valid  only  under  the  strict 
conditions set out in the Brussels I Regulation41 dealing with cross-border situations. As far 
as  the  applicable  law  is  concerned,  the  rules  of  the  Rome  I  Regulation42  guarantee  that 

38  Regulation  (EC)  No  883/2004  of  the  European  Parliament  and  of  the  Council  of  29  April  2004  on  the 
coordination of social security systems, as amended by Regulation (EU) No 465/2012. 
39 Subpart FTL,  ORO.FTL.105 (14), Commission  Regulation (EU) No 83/2014 of 29 January 2014 amending 
Regulation (EU) No 965/2012 laying down technical requirements and  administrative procedures related to air 
operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council. 
40 https://publications.europa.eu/en/publication-detail/-/publication/41547fa8-20a8-11e6-86d0-01aa75ed71a1  
41  Regulation  (EU)  No  1215/2012  of  the  European  Parliament  and  of  the  Council  of  12  December  2012  on 
jurisdiction  and  the  recognition  and  enforcement  of  judgments  in  civil  and  commercial  matters  OJ  L  351, 
20.12.2012, p. 1. 
42  Regulation  (EC)  No  593/2008  of  the  European  Parliament  and  of  the  Council  of  17  June  2008  on  the  law 
applicable to contractual obligations (Rome I), OJ L 177, 4.7.2008, p. 6. 

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irrespective  of  any  choice  made,  employees  are  entitled  to  protection  under  the  mandatory 
rules  of  the  law  of  the  country  that  would  apply  in  the  absence  of  such  choice.  This  law 
corresponds first to the law of the place where, or from where, the employees habitually carry 
out  their  work.  The  words  "or  from  where"  were  added  by  the  co-legislators  acting  on  a 
proposal by the Commission43 to make it possible to apply the rule to personnel working on 
board aircraft.  

In an important judgment, the Court of Justice of the EU clarified how to determine the place 
where,  or  from  where,  employees  habitually  work  in  a  dispute  involving  specifically 
aircrews44. The Court ruled that the "home base" of aircrew, within the meaning of the EU air 
safety rules, plays a significant role among the relevant indicia when it comes to determining 
that place. Its relevance for this purpose could only be questioned if closer connections were 
to  exist  with  a  place  other  than  the  home  base45,  which  requires  a  case-by-case  assessment. 
The Court also ruled that the habitual place of work cannot be equated with the 'nationality' of 
the  aircraft46.  The  case  concerned  the  application  of  the  Brussels  I  Regulation  but  the  same 
considerations  equally  apply  to  the  determination  of  the  applicable  law  which  cannot  be 
derogated  from  under  the  Rome  I  Regulation.  In  this  respect,  Rome  I  refers  to  the  same 
concept  of  habitual  place  of  work.  The  Court  specifically  stated  that  the  two  instruments 
should be interpreted and applied consistently.  

The  Commission  has  referred  to  this  development  in  case  law  in  its  recent  exchanges  with 
Member States, the European Parliament and social partners. It has expressed its expectation 
that companies operating in the EU’s internal aviation market respect all applicable European 
and national laws. 

In the context of its evaluation of the Air Services Regulation, which covers the most central 
internal aviation market aspects, the Commission is assessing inter alia the unintended social 
impacts of this legislation, notably on working conditions. In parallel, it has commissioned a 
study as part of the preparation for a future impact assessment in view of a possible review of 
the Air Services Regulation on all its aspects. 

ACTION 

The  Commission  will  continue  working  with  the  European  Judicial  Network  to  raise 
awareness  of  the  recent  rulings  of  the  Court  of  Justice  of  the  EU  and  their  implications  for 
matters of international jurisdiction and the law applicable to employment contracts, including 
a possible update of the 2016 Practice guide on the Rome I and Brussels I Regulations to take 
into account the recent rulings of the Court of Justice of the EU.  

The Commission is conducting a study that will help it assess whether further measures are 
necessary to improve the functioning of the EU internal aviation market, inter alia to improve 
legal  certainty  for  mobile  aircrews,  including  crews  from  non-EU  countries  working  in  the 
EU, as regards the law applicable to their employment contracts. 

43 COM(2005)650 final. 
44 Judgment of 14 September 2017 in joined cases C-168/16 and C-169/16, Nogueira and Others. 
45 See paragraph 73 of the judgment. 
46 See paragraphs 75 and 76 of the judgment. 

8 

 
 
                                                           
The Commission urges Member States to ensure, by the appropriate means, the enforcement 
of  existing  rules  at  national  level  and  also  to  ensure  continued  compliance  with  EU  law,  as 
interpreted by the Court of Justice of the EU. 

4.2.2. 

 Employment via intermediaries, including temporary agency work 

As confirmed by the Ricardo study, various forms of employment or working arrangements, 
such  as  indirect  employment  arrangements,  short-term  contracts  or  self-employment,  have 
developed  in  the  internal  aviation  market,  as  an  alternative  to  the  traditional  open-ended 
employment contract. The European social partners in particular but also some Member States 
have  raised  concerns  about  the  risk  of  adverse  impact  of  some  of  these  forms  on  aircrews' 
employment and working conditions. Concerns have also been raised about the situation of an 
uneven playing  field  resulting from  abuse or circumvention  of the applicable labour law by 
some air carriers to the detriment of air carriers who actually comply with the relevant EU and 
national rules.  

The  aviation  sector  has  historically  been  offering  high-skilled 
jobs  and  mostly 
better-than-average  employment  and  working  conditions  for  aircrew47.  This  remains  true  in 
the  large  majority  of  cases,  as  shown  by  the  Ricardo  study:  having  a  direct  and  permanent 
employment contract with an airline carrier remains the predominant form of employment for 
80% of cabin crew and 82% of pilots working in the EU48. Today's challenge is to ensure that 
employers  have  the  necessary  flexibility  to  adapt  to  changes  in  the  economic  context  while 
ensuring quality working conditions and a level playing field, in compliance with the relevant 
rules and principles of EU law49. 

The Ricardo study points to the difficulty of gathering reliable data on the use of temporary 
work agencies or other intermediary organisations50. A majority of air carriers surveyed said 
they  had  not  contracted  aircrew  through  an  intermediary  and  considered  there  had  been  no 
change in this respect over recent years. However, the study indicates that between 9 and 19% 
of  cabin  crew51  and  around  8%  of  pilots  said  they  are  employed  through  some  form  of 
intermediary  organisation,  and  that  the  vast  majority  of  those  hired  through  such  an 
intermediary  would  be  working  for  low  cost  carriers  (97%  of  the  cabin  crew  surveyed  and 
69% of the pilots surveyed). Young cabin crew are more likely to work under a contract with 
an intermediary organisation52. 

Employment  via  intermediaries  includes  various  arrangements  that  may  sometimes  involve 
complex chains of employment relationships. This makes it sometimes difficult for aircrew to 
identify  their  actual  employer.  Some  may  have  an  employment  contract  or  have  an 

47 E.g., whilst temporary agency work and self-employment have grown, levels remain significantly lower than 
in other sectors of the economy as a whole (see SWD(2015)261).  
48 However, figures vary significantly depending on the type of air carrier and the age of the aircrew member. 
49  See  SWD(2018)  67  recalling  the  legal  framework  for  each  of  the  key  principles  of  the  Pillar  and  how  it  is 
being implemented. 
50 Many survey respondents were not able to identify by which form of intermediary organisation they had been 
hired. Nor were they always able to identify their actual employer. 
51 19% of cabin crew who responded to the survey said they have an employment contract with an intermediary 
manning agency whereas air carriers who responded to the survey indicated that they employ 9% of cabin crew 
via such contracts. 
52 The share is higher in the age group 18-29 (34%) and 30-39 (27%) compared to 11% for the age group 40-49 
and 50-59 (3%). The share of pilots with such contracts is relatively small for all age groups. 

9 

 
 
                                                           
employment relationship with a temporary work agency and be temporarily assigned to work 
for  an  air  carrier  under  the  supervision  and  direction  of  the  airline.  Such  temporary  agency 
workers  are  protected  by  the  Directive  on  Temporary  Agency  Work53  which  establishes 
that  workers  employed  by  a  temporary  work  agency,  who  work  temporarily  under  the 
supervision and direction of a user undertaking, must be provided with at least the same basic 
working and employment conditions as if they had been recruited directly by the undertaking 
to  occupy  the  same  job.  This  applies  for  the  duration  of  their  assignment  at  the  user 
undertaking. 

The aircrew may also be employed by another form of intermediary agency or a subsidiary of 
the air carrier (human resource agency). These practices are far more prevalent among a few 
air carriers and more common among younger aircrew entering the market.  

The  conditions  under  which  companies  can  use  employment  via  intermediaries,  including 
temporary agency work vary depending on the Member State legislations. But in all Member 
States allegations of abuse have to be monitored and assessed on a case by case basis by the 
competent  authorities,  notably  labour  inspectorates,  and  by  the  competent  national  courts, 
taking  into  consideration  relevant  EU  and  national  rules.  Legal  certainty  also  needs  to  be 
improved.  In  this  context,  it  is  important  to  distinguish  unlawful  situations  from  highly 
complex but lawful situations. Moreover intermediaries/recruitment agencies may be based in 
a  Member  State  different  from  the  one  in  which  the  air  carrier  and/or  the  worker  are  based 
(see  section  4.2.3).  Increased  cooperation  between  labour  inspectorates  should  be  further 
promoted across the EU.  

At  EU  level,  aviation  safety  rules  may  impact  the  use  of  ground  workers  external  to  the 
company. At least half the staff that performs maintenance in each workshop, hangar or flight 
line  on  any  shift  should  be  employed  to  ensure  organisational  stability54.  For  aircrews,  EU 
safety rules apply equally to all crew regardless of their status as employed or self-employed, 
and  airlines  are  recommended  to  identify  and  mitigate  any  specific  risks  in  their  safety 
management system55. 

ACTION 

The Commission will in close cooperation with the European Union Aviation Safety Agency 
(EASA)  and  stakeholders  take  the  necessary  steps  to  ensure  that  the  airlines'  safety 
management systems take into account all forms of employment and working arrangements, 
including staff employed via intermediaries and self-employed. 

The Commission urges Member States to ensure, by the appropriate means, the enforcement 
of  existing  rules  protecting  temporary  agency  workers  at  national  level  and  also  to  ensure 
continued compliance with EU law. 

4.2.3.  Posting of workers 

53 Directive 2008/104/EC of the European Parliament and of the  Council of 19 November 2008 on temporary 
agency work, OJ L 327, 5.12.2008. 
54  Acceptable  Means  of  Compliance  (AMC  145.A.30(d)  Personnel  requirements)  issued  by  EASA  under 
Commission  Regulation  (EU)  No  1321/2014  on  the  continuing  airworthiness  of  aircraft  and  aeronautical 
products, parts and appliances, and on the approval of organisations and personnel involved in these tasks, OJ L 
362, 17.12.2014, p. 1. 
55 See also section 3. 

10 

 
 
                                                           
Questions  have  been  raised  about  the  extent  to  which  posting  has  been  used  for  pilots  and 
cabin  crews and to  what extent the Posting of Workers Directive56  is  relevant  to  them. One 
question in particular is whether these rules have been circumvented by some air carriers to 
send workers with lower paid contracts into countries with a higher cost of living.  

The Ricardo study considers that the Posting of Workers Directive57 is in principle applicable 
to  the  transnational  provision  of  services  by  temporary  employment  agencies  or  placement 
agencies.  It  considered  two  additional  situations  that  could  fall  within  the  scope  of  this 
Directive:  wet  leasing  and  the  temporary  assignment  of  aircrews  to  an  operational  base 
outside their home base.  

It  also  suggests  that  using  crew  on  a  temporary  basis  outside  their  home  base  is  relatively 
infrequent in aviation. 6% of cabin crew and 12% of pilots indicated they were in some form 
of temporary placement in another Member State. 18 out of 24 air carriers said they were not 
placing crew outside their home base. Moreover, the study confirms that wet leases are not a 
common occurrence. Only 4 out of 23 air carriers reported making use of workers temporarily 
working from a base different from their home base as part of a lease agreement58.  

Stakeholder  interviews  also  confirm  that  the  Posting  of  Workers  Directive  is  generally  not 
applied in the case of aircrew. At the same time, some respondents to the study pointed to a 
lack of awareness among stakeholders, including national authorities of the rights applicable 
in the Member State where they were temporarily assigned and a lack of information from the 
employer about these rights. Stakeholders also indicated issues with enforcement of the rules, 
beginning with who is responsible for enforcing the rules.  

Wet-leasing operations add another layer of legal complexity for aircrews since they consist 
in  leasing  aircraft  with  aircrew  operated  on  behalf  of  another  air  carrier  (the  lessee).  These 
operations  can  involve  aircraft  and  aircrew  from  non-EU  countries.  The  field  research 
performed in the Ricardo study points to the concerns of workers’ representatives about the 
possible use of wet-leasing arrangements to circumvent strikes or applicable social and labour 
law rules59. 

The  Posting  of  Workers  Directive  applies  to  airlines,  temporary  work  agencies  and  other 
types of intermediaries that temporarily post workers ("posted workers") to another Member 
State in the context of providing cross-border services in that Member State.  

An aircrew who is effectively assigned to temporarily work in another Member State, which 
may be the case in the context of a wet-lease contract, would by definition qualify as a posted 
worker should there be an employment relationship between the aircrew and the lessor during 
the  whole  period  of  the  leasing.  This  should  be  assessed  case  by  case.  Aircrews  who  are 
transferred  to  another  base  (i.e.  who  are  assigned  to  a  new  home  base)  would  not  be 

57  Directive  96/71/EC  of  the  European  Parliament  and  of  the  Council  of  16  December  1996  concerning  the 
posting  of  workers  in  the  framework  of  the  provision  of  services,  OJ  L  18,  21.1.1997,  p.  1  (and  Directive 
2014/67/EU  of  the  European  Parliament  and  of  the  Council  of  15  May  2014  on  the  enforcement  of  Directive 
96/71/EC, OJ L 159, 28.5.2014, p. 11, 'the Enforcement Directive'). 
58 Numbers to be interpreted with caution since wet-leases are usually used only temporarily, sometimes only for 
a single flight. 
59 Due to the small sample size of respondents, it was not possible to test and verify these claims as pointed out 
in the Ricardo study. 

11 

 
 
                                                           
 
considered  to  be  posted,  unless  they  fulfil  the  specific  conditions  set  out  in  the  Posted 
Workers Directive for this purpose.  

The recent amendments to the Posting of Workers Directive60 which establishes the principle 
of equal pay for equal work on the same place need to be transposed by Member States by 30 
July  2020  and  applied  as  from  that  date.  It  will  facilitate  the  transnational  provision  of 
services,  whilst  ensuring  fair  competition  and  respect  for  the  rights  of  posted  workers.  One 
important  set  of  amendments  consists  in  extending  the  principle  of  equal  treatment  as 
described  in  section  4.2.261  to  posted  temporary  or  placement  agency  workers,  including 
aircrew, while keeping the possibility for the host Member States to decide to apply also other 
terms and conditions of employment which apply to temporary agency workers in that state. 

A  more  effective  application  and  enforcement  of  the  Posting  of  Workers  Directive  by  the 
relevant national authorities to situations that fall within the scope of the Directive will help to 
improve the working conditions of aircrews and the legal certainty as well as to ensure a level 
playing  field  within  the  European  Economic  Area.  The  Enforcement  Directive  aims  to 
ensure  that  rules  on  the  posting  of  workers  are  adequately  enforced  and  respected  by  all 
undertakings.  In  order  to  identify  genuine  posting  situations  and  to  prevent  abuse  and 
circumvention of the rules, Article 4 of that Directive lists factual elements that may be taken 
into account in the overall assessment of each specific case.  

The  creation  of  the  European  Labour  Authority62  will  also  help  ensure  that  EU  rules  on 
labour mobility are enforced in a fair, simple and effective way. The Authority is expected to 
be up and running in 2019 and reach its full operational capacity by 2023. The Commission 
proposes that the role of the Authority be to support cooperation between EU countries in the 
cross-border  enforcement  of  relevant  EU  law,  including  in  tackling  undeclared  work,  thus 
giving  continuity  to  the  work  done  by  the  current  European  Platform  tackling  Undeclared 
Work. This includes facilitating joint inspections. The Authority should mediate and facilitate 
a solution in cases of cross-border disputes between national authorities. It should also make it 
easier for individuals and employers to access information on their rights and obligations and 
to access relevant services. 

ACTION 

The  Commission  will  continue  to  work  with  the  Member  States  through  the  Expert 
Committee  on  Posting  of  Workers  to  improve  the  application  of  the  Posting  of  Workers 
Directive  and  the  Enforcement  Directive,  and  in  particular  to  assist  in  the  transposition  and 
application  of  the  revised  Directive,  with  a  view  notably  to  improve  equal  treatment  and 
prevent cross border fraud. 

The Commission urges Member States to ensure by the appropriate means, the  enforcement 
of  existing  rules  protecting  posted  workers  at  national  level  and  also  to  ensure  continued 
compliance with EU law, as interpreted by the Court of Justice of the EU. 

4.2.4.  Self-employment 

60 Amendments introduced through Directive (EU) 2018/957 of the European Parliament and of the Council of 
28 June 2018 amending Directive 96/71/EC on posting of workers, OJ L 173, 9.7.2018, p. 16. 
61 Article 5 of Directive 2008/104/EC. 
62 COM(2018)131. 

12 

 
 
                                                           
According to the Ricardo study, self-employment arrangements typically involve air carriers 
contracting  the  services  of  a  self-employed  pilot  either  directly  or  via  an  intermediary 
organisation.  More  complex  arrangements  exist  as  well.  These  may  involve,  for  example, 
several intermediaries or the setting-up of a limited liability firm by a group of self-employed 
pilots.  The  Ricardo  study  suggests  that  self-employment  is  not  a  commonly  used  form  of 
employment  among  European  carriers.  Self-employment  appears  to  be  insignificant  among 
cabin crew. Of the pilots surveyed, 9% identified themselves as self-employed63. 75% of these 
pilots said that they worked for a low cost carrier, out of whom 59% worked for one specific 
carrier.  

Self-employment  arrangements  in  general  can  offer  air  carriers  increased  flexibility,  enable 
them to respond to changes in a highly competitive market. An analysis of the answers to the 
survey suggests that a significant proportion of the pilots who identified themselves as self-
employed work solely for one air carrier. They are carrying out a professional activity under 
the  authority  and  subordination  of  the  carrier  and  hence  are  unlikely  to  be  considered  as 
genuinely self-employed64.  

The  extent  to  which  aircrew  are  genuinely  self-employed,  or  de  facto  in  an  employment 
relationship (i.e. bogus self-employment), has been the subject of several studies65. Whether 
such  practices  may  be  considered  as  genuine  or  disguised  self-employment,  in  line  with 
relevant  EU and national  law, is  primarily  for the competent  national  authorities to  monitor 
and assess, on a case-by-case basis. Approaches to self-employment differ from one Member 
State to the other, both in terms of definition and in terms of the rights and obligations of the 
self-employed workers.  

However, according to the case law of the Court of Justice of the EU, to determine whether 
the  party  of  an  employment  contract  is  an  employee  for  the  purposes  of  the  Brussels  I  and 
Rome  I  Regulations  (and  thus  can  benefit  from  their  protective  rules  in  relation  to  an 
individual employment contract) the relevant factors are: the creation of a lasting bond which 
brings the worker to some extent within the organisational framework of the business of the 
employer66 and a relationship of subordination of the employee to the employer67. 

As regards free movement of workers, a well-established case law of the Court of Justice of 
the  EU  defines  the  notions  of  "worker"  and  "service"  (which  is  a  cross  border  activity 
performed  outside  an  employment  relationship).  The  mere  fact  that  a  person  performs 
activities outside the ties of a contract of employment does not mean that the person does not 
constitute a worker within the meaning of Article 45 of the Treaty on the Functioning of the 
EU. This has to be assessed on a case-by-case basis. In its case law, the Court of Justice of the 
EU has established the following autonomous European notion of worker: “A natural person 
who  for  a  certain  period  of  time  performs  services  for  and  under  the  direction  of  another 
person in return for remuneration.” A person who is de facto a worker for the purposes of EU 
labour law should be qualified as a worker and be made subject to the relevant EU labour law. 
On  the  other  hand,  genuine  self-employed  persons  providing  services  independently,  under 

63 8% said they had been hired via intermediary agencies and 1% directly by the air carrier. 
64  90%  of  the  self-employed  pilots  surveyed  said  they  were  not  free  to  work  for  more  than  one  air  carrier  in 
parallel and 93% said that they could  not choose  when,  where and  for  whom they  want to  work  – two strong 
indicators of self-employment. 
65 See the Ricardo study. 
66  Judgment  of  15  January  1987  in  Case  266/85,  Shenavai;  See  also  judgment  of  15  February  1989  in  Case 
32/88, Six Constructions. 
67 Judgment of 10 September 2015 in Case 47/14. 

13 

 
 
                                                           
their  own  responsibility  and  bearing  the  risk  of  their  business  should  not  be  considered  as 
workers since they do not fulfil the criteria developed by the Court of Justice of the EU68.  

To help address some of the issues identified above, in particular false self-employment, the 
Commission put forward a number of initiatives. In addition to the creation of the European 
Labour  Authority  (see  section  4.2.3),  the  Commission's  proposal  for  a  Directive  on  a 
Transparent and Predictable Working Conditions provides all workers, including those in 
flexible non-standard and new forms of work, additional protection (e.g. access to transparent 
information  on  their  relationship,  new  material  rights  and  enforcement  measures).  Aircrew, 
falsely categorised as self-employed, would fall under the scope of this Directive. 

Moreover,  the  European  Platform  on  Undeclared  Work,  established  in  May  2016  to 
enhance cooperation at European level in tackling undeclared work, has already addressed the 
issue  of  bogus  self-employment  through  a  dedicated  seminar  on  road  transport  (June  2018) 
and  a  study  on  bogus  self-employment69.  Representatives  exchange  information  and  good 
practices,  and  they  are  developing  closer  cooperation  across  borders,  also  with  a  view  to 
prevent  cross  border  fraud.  Within  each  country,  the  aim  is  to  forge  closer  ties  between  all 
authorities  dealing  with  undeclared  work,  such  as  labour  inspectorates,  tax  authorities  and 
social insurance bodies. 

In  line  with  the  European  Pillar  of  Social  Rights,  the  Commission  also  supports  effective 
access to social protection for workers and the self-employed70 and adopted a proposal to this 
effect71.  Self-employed  people  and  persons  with  atypical  employment  contracts  are  not 
always well covered in terms of social security, lacking unemployment insurance or access to 
pension rights.  

ACTION 

The Commission urges the co-legislators to adopt the proposal for a Directive on transparent 
and predictable working conditions in the European Union. 
The Commission invites the Member States to implement the Recommendation72 on access to 
social  protection  for  all  workers  and  self-employed  people  politically  agreed  in  December 
2018, in particular for those who, due to their employment status, are not sufficiently covered 
by social security schemes. 

The European Platform on Undeclared Work will organise in 2019 a seminar to explore ways 
to  tackle  undeclared  work  in  the  aviation  sector  with  a  special  focus  on  bogus  self-
employment of aircrews and cross border collaboration between competent authorities73. 

68 Judgments of 3 July 1986 in Case 66/85, Deborah Lawrie-Blum; 14 October 2010 in Case C-428/09, Union 
Syndicale Solidaires Isère; 9 July 2015 in Case C-229/14, Balkaya; 4 December 2014 in Case C-413/13, FNV 
Kunsten; And 17 November 2016 in Case C-216/15, Ruhrlandklinik. 
69 "Practices of Enforcement Bodies in Detecting and Preventing Bogus Self-Employment" (Heyes & Hastings, 
2017) 
70 IP 18-1624. 
71 COM(2018) 132. 
72 A political agreement was reached on 6.12.2018. 
73 Work Programme 2019-2020 adopted on 19.10.2018. 

14 

 
 
                                                           
The Commission urges Member States to ensure, by the appropriate means, the enforcement 
of existing labour law rules at national level and also to ensure continued compliance with EU 
law as interpreted by the Court of Justice of the EU. 

4.2.5.  Non-EU country crews in the EU and international aspects 

European  Economic  Area  licenced  air  carriers  have  historically  used  crews  from  non-EU 
countries  on  specific  routes  for  cultural  and  language  reasons.  The  Ricardo  study  confirms 
this to be the case mainly for flights to/from third countries and less so for flights within the 
EEA. It points to specific cases of air carriers using third country crews. It is not possible to 
tell,  on  the  basis  of  the data  collected,  how  common  this  practice  is,  nor  whether  the  home 
base  of  the  aircrew  used  was  located  in  a  third  country  or  in  the  EU.  Most  of  the  surveyed 
airlines indicated they never use third country crews on intra EU routes.  
The  Schengen  Borders  Code74  contains  specific  rules  for  aircrew  transiting  or  resting  in  a 
Schengen country. Holders of a pilot's licence or of a crew member certificate may embark or 
disembark at the stop-over or arrival airport without having to fulfil the conditions for short 
term stay in a Member State (up to three months).  

Other  EU  or  national  rules  may,  however,  apply  which  regulate  the  conditions  of  stay  and 
work in the country concerned. According to EU legal migration legislation, non-EU aircrews 
who are based in a Member State and hold a work and residence permit must be guaranteed 
equal treatment with the nationals of that state in terms, for instance, of working conditions 
and social security. This serves as a safeguard to reduce unfair competition resulting from the 
possible exploitation of non-EU nationals.  

However, the lack of global labour standards for civil aviation affects the effectiveness of the 
EU  and  Member  States'  labour  legislation  for  both  intra  EU  and  extra  EU  routes.  The 
International Labour Organization maritime labour convention, which has been transposed by 
EU law, has been very successful in regulating working conditions and their enforcement for 
the  global  maritime  transport  industry.  Unlike  the  maritime  sector  there  is  however  no 
consensus  within  the  International  Labour  Organization  to  consider  the  discussion  of  an 
international labour convention for civil aviation.  

Traditionally, bilateral air transport agreements do not contain provisions on social and labour 
aspects.  The  EU  has  sought  to  include  ambitious  social  and  labour  clauses  in  its  aviation 
agreements with third countries and will continue to do so. 

74 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code 
on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, p. 
1. 

15 

 
 
 
 
                                                           
ACTION 

The Commission is undertaking a fitness check on EU legal migration legislation75 which will 
inter alia assess the situation of highly mobile third-country aircrews. 

It  will  continue  to  promote  high  social  and  labour  standards  for  international  aviation  by 
proposing ambitious social and labour clauses in EU aviation agreements with third countries. 

4.3. 

Promoting gender equality and work-life balance 

Working in the air transport sector retains a very positive image76 for both women and men. 
The gender balance in aviation is also better than in other transport modes. Women account 
for 40% of the labour force in air transport77. However, while there is a high share of female 
cabin crew, only around 5%78 of pilots worldwide are women.  

In the decades to come, the aviation sector is expected to grow and must therefore remain an 
attractive work place for young people attract more women to the pilot profession.  
In 2017, the Commission  launched the  Women in  Transport  -  EU Platform for  Change79 to 
strengthen women's employment and equal opportunities for women and men in the transport 
sector. In 2019, the Commission published a Business case to increase female employment in 
Transport80  which includes good examples  from  the aviation  sector on how to  stimulate the 
recruitment of women. Gender stereotypes are actually still very relevant when it comes to the 
pilot professsion. 

In  terms  of  employment  arrangements,  the  Ricardo  study  shows  that  female  aircrew  are 
slightly  more  likely  to  be  directly  employed  than  via  an  intermediary.  The  difference  is 
however rather linked to factors other than gender, such as experience, age and job role of the 
employee in the company.  

Although self-employment should in principle provide greater control over the hours worked, 
pilots on this arrangement explained that the opposite was true and that working less than full-
time put them at risk of losing further work. This resulted in a significant drop in the number 
of self-employed aircrew reporting satisfaction with the amount of time spent at home. 

A better sharing of caring responsibilities between women and men will attract more women 
to the labour market, including in the air transport sector. The proposed Directive on Work-
Life Balance81 aims at  increasing uptake of family  leaves by men, thus  contributing to  this 
objective. In addition, flexible working time arrangements allowing both men and women to 
better  balance  professional  duties  with  family  obligations  will  increase  job  satisfaction  and 
contribute to the attractiveness of the profession. 

75 A high-level consultation process will be launched based on its findings (see COM(2018) 635). 
76 https://ec.europa.eu/transport/themes/social/studies/social_en. 
77 Whereas only 22 % women work in the transport sector as a whole (Eurostat Labour Force Survey).  
78 https://sesarju.eu/sites/default/files/documents/SESAR%20women%20in%20aviation.pdf. 
79 https://ec.europa.eu/transport/themes/social/women-transport-eu-platform-change_en. Good practices can also 
be shared on that webpage and the Declaration on equal opportunities for women and men in the transport sector 
can be signed online (it has gathered about 1000 signatures so far). 
80 available on the Platform webpage. 
81 COM(2017) 253 final. 

16 

 
 
                                                           
Data on maternity and paternity benefits gathered in the Ricardo study confirms that women 
and  men  in  alternative  forms  of  employment82  are  unlikely  to  receive  the  same 
maternity/paternity pay and leave as their colleagues in direct employment83. Less than half of 
pilots  employed  via  an  intermediary  have  access  to  maternity/paternity  leave.  For  female 
temporary  agency  workers  the  most  significant  issue  is  the  risk  of  losing  their  job,  as 
temporary  contracts  are  sometimes  not  renewed  after  pregnancy.  According  to  the  Ricardo 
study, these risks are higher for people working for some low-cost air carriers than for legacy 
carriers. 

ACTION 

The Commission is actively encouraging aviation stakeholders to bring concrete actions to the 
Women  in  Transport  -  EU  Platform  for  change  to  improve  employment  and  working 
conditions to attract and retain women in aircrew professions. 

The  Commission  will  actively  support  the  finalisation  of  the  negotiations  on  the  Work-Life 
Balance  Directive84,  to  support  a  more  gender-balanced  workforce.  It  will  also  launch  two 
studies to help it to (1) develop a toolkit for primary and secondary school teachers to fight 
gender stereotypes and raise awareness about transport professions among young people; (2) 
identify good practices on how to organise rosters in the best family friendly way, to be made 
available to all stakeholders. 

5. 

PROMOTING AN ACTIVE AND COMPREHENSIVE SOCIAL DIALOGUE 

The Commission is fully committed to supporting the European social dialogue, as reflected 
in the eighth principle of the European Pillar for Social Rights85 and the Joint Statement on a 
New  Start  for  Social  Dialogue  of  27  June  201686.  The  European  Sectoral  Social  Dialogue 
Committee  in  civil  aviation  covers  three  working  groups:  aircrew,  ground  handling  and  air 
traffic management87.  

The major challenges that this Committee has identified include the absence of a global level 
playing field, the increasingly competitive environment and the structural changes in forms of 
employment and the development of the single European sky initiative88.   

In this context, it is important to stress that, to find agreed solutions to industrial demands and 
interests, social dialogue at European level requires representativeness, the mutual recognition 
of social partners and the willingness to enter into mutually binding negotiations. The lack of 

82 Alternative to direct and permanent contracts. 
83 According to the survey 59% of cabin crew and 69% of pilots employed directly with an air carrier stated that 
they had access to maternity/ paternity pay in accordance with applicable law. 48% of cabin crew and 48% of 
pilots employed via an intermediary confirmed that they have access to maternity/ paternity pay in accordance 
with applicable law. 
84 Proposed on 26 April 2017 
85 https://ec.europa.eu/commission/priorities/deeper-and-fairer-economic-and-monetary-union/european-
pillar-social-rights/european-pillar-social-rights-20-principles_en 
86 ec.europa.eu/social/BlobServlet?docId=16099&langId=en 
87 http://ec.europa.eu/social/main.jsp?catId=480&langId=en&intPageId=1829  
88  The  work  of  the  SSDCs  is  supported  through  the  organisation  of  meetings  and  the  funding  of  projects 
following European calls for proposals. 

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representativeness  of  the  airlines  since  201789  has  weakened  the  possibility  to  have  a 
meaningful European social dialogue.  

Other positive signs of greater consultation of the European social partners can be mentioned. 
Article 115 of the New Basic Safety Regulation on the rulemaking procedure and consultation 
mechanism  requires  involving  the  EU  social  partners  and  other  relevant  stakeholders  when 
consulting on the possible social impact of regulatory proposals of the Agency. 

ACTION 

The Commission will continue to actively support and facilitate the social dialogue between 
representatives of the airlines and aircrews, including between the European social partners in 
the civil aviation field in the context of the European Social Dialogue Committee. 

The  Commission  encourages  the  social  partners  to  ensure  the  appropriate  representation  of 
airlines  and  aircrews  to  make  the  best  use  of  this  tool  to  find  voluntary  and  mutually 
satisfactory solutions to the challenges they face.  

It will continue to provide regular assessments of the social partners’ organisations involved 
in  social  dialogue  through  the  European  Foundation  for  the  Improvement  of  Living  and 
Working  Conditions  representativeness  studies.  A  study  in  the  civil  aviation  sector  will  be 
launched in 2019. 

6. 

CONCLUSION 

In producing this report, the Commission has drawn on the input received from all interested 
parties since 2015, in  particular at  the high-level conference that the Commission  organised 
that  year90.  The  Commission  has  also  drawn  on  the  findings  of  the  Ricardo  study,  earlier 
studies and its regular exchanges with stakeholders over the past 3 years. 

The air transport sector is still a major and generally attractive employer for aircrew but has 
undergone and continues to undergo profound structural changes. Whereas labour and social 
rules remain largely regulated at national level, EU legislation and procedures exist today to 
protect aircrews, while ensuring their freedom to move and work in the EU.  

This report shows the need to maintain a strong social agenda to support air transport. It is in 
the common interest of all parties involved, including airlines and their staff and passengers 
and  in  the  interest  of  connectivity  that  EU  aviation  remain  competitive  and  socially 
responsible.  

Delivering on this agenda is  not  something the Commission  should do on its own. Member 
States, the Commission, the other EU Institutions, individual airlines, employers' and aircrew 
organisations, both at EU and national level, should work together, in line with the principles 
of the European Pillar of Social Rights,  towards achieving socially  responsible air transport 

89 Until 2017 the airlines were represented by three organisations representing different segments of the market, 
legacy, leisure and regional airlines. Since the legacy airline organisation (AEA) ceased its activities, it was not 
replaced in the social dialogue committee. Some airlines, including low cost carriers, have recently requested to 
become members of the social dialogue committee but at the moment of writing this report their membership has 
not yet been confirmed by the committee. 
90 https://ec.europa.eu/transport/media/events/event/high-level-conference-2015-social-agenda-transport_en 

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where  safety,  sustainable  growth  and  competitiveness  are  enhanced  while  social  rights  are 
safeguarded.  

Better  enforcement  of  EU  and  national  rules  is  essential  in  all  forms  of  employment  of 
aircrews. This is primarily a matter for the Member States, their relevant authorities and their 
national  courts.  Proper  enforcement  is  crucial  to  avoid  bogus  self-employment  and  other 
practices  which  constitute  abuse  or  circumvention  of  applicable  law,  and  to  ensure  a  level 
playing field. The Commission remains committed to support Member States in their task. 

HORIZONTAL ACTIONS 

In  2019,  the  Commission  will  organise  a  high-level  workshop  with  all  interested  parties  to 
take  stock  of  the  progress  made  on  the  social  agenda  for  aircrew  since  2015  and  to  help  it 
identify possible ways forward. 

The Commission will convene an ad hoc group of Member State experts dealing with aviation 
and  labour  law  matters  to  identify  best  practices  ensuring  a  level  playing  field  and  quality 
working conditions. The expert group will also be given the task inter alia of taking stock of 
the  actions  listed  in  this  report,  involving  the  social  partners  wherever  appropriate,  and 
advising  the  Commission  and  the  Member  States  on  how  labour  law  may  be  appropriately 
enforced in aviation. 

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