Belgium - Charleroi is home base for Ryanair crew - September 30, 2017

The Court of Justice of the European Union ruled that, in disputes relating to their employment contracts, air crew members have the option of bringing proceedings before the courts of the place where they perform the essential part of their duties vis-à-vis the employer. Workers of Portuguese, Spanish and Belgian nationality were hired by Ryanair or by Crewlink, then assigned to Ryanair, as cabin crew (air hostesses and stewards). Their contracts designated Charleroi airport as the workers’ ‘home base’. The workers started and ended their working day at Charleroi, and were contractually obliged to reside within an hour of their ‘home base’. Taking the view that Crewlink and Ryanair had to comply with and apply the provisions of Belgian law and that the Belgian courts had jurisdiction to adjudicate on their claims, six employees brought proceedings before the Belgian courts in 2011. The CJEU stated that the concept of ‘home base’ amounts to a significant indicator to determine, in circumstances such as those at issue, the place from which the employee habitually carries out his work.

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For more information, please contact the editor Jan Cremers, Amsterdam Institute for Advanced Labour Studies (AIAS) cbn-aias@uva.nl or the communications officer at the ETUI, Willy De Backer wdebacker@etui.org. For previous issues of the Collective bargaining newsletter please visit http://www.etui.org/E-Newsletters/Collective-bargaining-newsletter. Since June 2013 readers can consult our archive and search through all articles in our database at www.cbnarchive.euYou may find further information on the ETUI at www.etui.org, and on the AIAS at www.uva-aias.net.

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