Social security regulations — air crews
11.10.2012
Question for written answer E-009186-12
to the Commission
Rule 117
Carlos Coelho (PPE) , Regina Bastos (PPE) , Ivo Belet (PPE) , Ria Oomen-Ruijten (PPE) , Csaba Őry (PPE) , Elisabeth Morin-Chartier (PPE) , Christine De Veyrac (PPE)
A regulation containing new rules for the determination of the social security regulations applicable to air crews (pilots and cabin crew) entered into force in June 2012.
The legislation previously in force stipulated that pilots pay social security in their country of residence (if they have substantial activity there) or in the country where their company has its registered office. This allowed some companies to employ pilots in different Member States and pay social security in only one country instead of paying it in the different countries where the pilots were based.
The objective of the new regulation is to set clear rules for the determination of the country in which air crews should pay social security. According to the new law, companies will have to pay social security where the pilot has his home base. This EC law on social security was designed to protect pilots and cabin crew, ensuring that the rights of citizens moving from one Member State to another would be protected, especially their pension rights.
The UK-based company Netjets Management Limited has, until now, paid all social security contributions of the employed crew into the social security system in the UK, despite the fact that the personnel actually resided in different countries. The economic crisis has prompted the company to cut costs, and it has decided to terminate a number of employment contracts (around 128 pilots-in-command). The company estimates that, on the basis of current crew levels and social security rates, the changes which will have to be made in line with the new regulation will significantly increase the employer contributions. The company decided to terminate the employment contracts of its pilots having their home base in France and Belgium, where the employer social security contribution is highest.
The new regulation has been adopted with the objective of protecting these citizens’ rights. Can it be used as an argument for ending the employment contracts of pilots having residence in France and Belgium? Does the Commission consider that Netjets has interpreted the concept of home base for its personnel as it is intended by Regulation 465/2012? Could this be considered a violation of the principle of non-discrimination?
OJ C 300 E, 16/10/2013