Fórsa has made a submission to the European Commission’s consultation for the revision of EU air services regulations. 

In the submission, the union argues that the scope of the regulation should be expanded to guarantee fair competition, improve regulatory oversight and safety, and protect workers from exploitation and decreasing standards. Fórsa makes the case that all non-EU airlines must operate and adhere to EU regulations when doing business within the internal market. 

The submission also outlines why the union is against liberalisation of wet leasing. Fórsa believes that non-EU wet leasing should only be used in exceptional and temporary situations and that the practice should be subject to more stringent regulation to prevent abuse of the wet lease model.

Speaking about the submission, Fórsa’s Policy and Research Officer, Aisling Cusack, said:  “The aviation industry is evolving rapidly and in ways which are not always transparent. New and emerging business models are without proper regulation and oversight, and these regulatory gaps can not only distort competition in the market but also lead to unfair employment practices for workers.”

Aisling explained that wet leasing is an example of a practice that can lead to decreasing standards across the aviation industry, if left unregulated, as market players seek to lower their operating and labour costs by circumventing the higher employment rights and standards which exist across the European Union.

She said: “In any revised aviation rules, it is vitally important that workers are protected against existing legal loopholes that facilitate social dumping, and which ultimately lead to precarious working conditions and reduce quality of life for aviation workers.” 

The union’s submission also highlighted the challenges for national authorities in enforcing existing employment laws. Fórsa describes this as a result of ambiguity around the operational base of airlines and the habitual place of work for employees. 

Head of the Services and Enterprises division of Fórsa, Katie Morgan, underlined that there are instances where authorities do not have knowledge of what aircraft and associated crews are operating from their airports. 

She said: “Some airlines are exploiting this lack of oversight, choosing to operate in jurisdictions with the weakest workers’ rights, enabling them to gain unfair competitive advantage over their competitors.”

She continued: “We are proposing that airlines should be required to notify their licensing authorities if operational bases are opened outside their territory. This would significantly strengthen the oversight of Member States and ensure the competent authority can properly determine the airline’s legal and regulatory obligations.”

 “We are also proposing that the revised regulation include a clear and unambiguous definition of ‘operational base’ to prevent situations where an airline assigns a fake home base to its crew, while conducting operations from a different base in reality.”

Fórsa’s proposed definition of an operation base is aligned with IALPA and the European Cockpit Association.

The consultation also asked stakeholders to submit their views on the preservation of all overflights in the event of air traffic control strikes. Fórsa emphasised the right to strike as a fundamental element of industrial relations and collective bargaining and strongly opposed proposals to limit or restrict this right. The union emphasised the importance of structured dialogue between employers and trade unions to resolve disputes. 

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