1.2 How to use this manual

The answer is clearly no! Numerous battles have been fought at union level and victories have been obtained. It is important to recognise them. Whether it is on the harmonisation of social security schemes, trade union recognition in large transnational airlines, or the recent decision of the CJEU on questions of applicable law. Considerable work has been done by our union staff and volunteer experts to study and better understand all these technical legal concepts. It is this work that gives us credibility.

This industrial handbook (the term professional handbook is probably even more accurate), in addition to reviewing all past legal work, provides an overview of European issues on the industrial questions of our profession.

New challenges are also emerging from the Covid crisis. The massive layoffs, followed by the summer of chaos 2022, and its thousands of flight cancellations, show the limits of a model based on an eternal search for cost reduction. Our industry must become environmentally and socially responsible. I am sure that this manual will contribute to give the necessary tools to our representatives to defend the professional values of European pilots and thus win new battles.

Patrick Arpino,

ECA Professional Affairs Director

1.2 HOW TO USE THIS MANUAL

1. The Manual on the Legal Principles of Industrial Relations in the European Union is meant as an introduction to the legal framework of the EU and fundamental principles of industrial relations within the European continent. The fact that it is an introductory and practical manual means that it does not go into detail and does not give extensive legal explanations. Therefore, the reader should use the manual with the necessary caution, as every situation is different and could require a deeper analysis of the legal system.

2. This manual has two main objectives. As a first objective it wants to give a concise

overview of the legal framework and the principles connected to industrial relations

and employment within the European union so trade union affiliates and employee representatives can get a clear view on the fundamental social rights they could use in Europe when representing their pilots or air crew or negotiating collective bargaining agreements or wish to take collective action. These rights especially are useful when their trade union rights are restricted by national authorities and air carriers. However, most fundamental rights are not absolute and can be limited, furthermore it can be difficult to enforce these rights. Therefore, the manual explains the content and extent of these rights and discusses the different enforcement mechanisms, including their strengths and weaknesses (see part 2.1 and 2.2). Next to the fundamental rights, the manual also has a look at the main elements of secondary EU law, meaning the EU regulations and directives which have the most important impact on national law regarding the employment situation of pilots (see part. 2.3). In addition, the manual explains the relationship between EU law and national law and how trade unions, pilots or workers can use EU rules, even when these rules contradict national legislation or when national regulation remains absent (see part. 3).