2.3.8 Atypical employment

• (a) The total duty periods to which a crew member may be assigned shall not exceed:

− 60 duty hours in any 7 consecutive days; − 110 duty hours in any 14 consecutive days; and − 190 duty hours in any 28 consecutive days, spread as evenly as practicable throughout that period. • (b) The total flight time of the sectors on which an individual crew member is assigned as an operating crew member shall not exceed: − (1) 100 hours of flight in any 28 consecutive days; − (2) 900 hours of flight time in any calendar year; and − (3) 1000 hours of flight in any 12 consecutive calendar months. • (c) Post-flight duty shall count as duty period. The operator shall specify in its operations manual the minimum time period for post-flight duties”.

2.3.8 Atypical employment

110. Directive 2008/104/EC on temporary agency work57 aims to enhance the protection of temporary agency workers by guaranteeing equal treatment concerning basic working and employment conditions. These conditions relate to the duration of working time, breaks, rest periods, overtime, night work, holidays and public holidays and pay. Equal treatment also applies to the protection of children and young people, the protection of pregnant women and nursing mothers, the protection against discrimination (based on sex, religion, race or ethnic origin, beliefs, age, disabilities or sexual orientation) and the treatment for men and women (article 5).

This Directive also establishes a framework for the use of this flexible form of working. Temporary agency workers must have the right to conclude an employment contract with the user-undertaking at the end of their assignment and must consequently be informed of vacant posts. They also must have access to the equipment and collective services of the undertaking and be encouraged to participate in training programmes (article 6). Furthermore, agency workers must be taken in account for the constitution of bodies representing workers and the user undertaking must keep these bodies informed on the use of agency workers (article 7).

111. Next, the European partners have concluded some European Framework Agreements regarding atypical forms of work: • the European Framework Agreement on part-time work concluded by UNICE, CEEP and ETUC on 6 June 1997 (transformed into Council Directive 97/81/EC of 15 December 1997 58): The agreement sets out to remove unjustified discrimination of part-time workers and improve the quality of part-time work. It also aims to help develop part-time work on a voluntary basis and allow employees and employers to organise working time in a way which suits both parties’ needs.

57 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (date of effect : 05/12/2008) 58 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC.