On Special Contract Of Flight Crews And Auxiliary Crew Of Commercial Passenger And Cargo

Original Language Title: SOBRE CONTRATO ESPECIAL DE LOS TRIPULANTES DE VUELO Y TRIPULANTES AUXILIARES DE AERONAVES COMERCIALES DE PASAJEROS Y CARGA

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"Sole article.-Add the next chapter |! |" VII in title II of book I of the code of the |! | Work: "Chapter VII contract of crew and flight crew |! |" Commercial passenger aircraft cabin and |! | Loading article 152 tér-present standards |! | Chapter, shall apply to personal crew of |! | flight and cabin of the companies who provide |! | transport services for passengers or cargo, without |! | prejudice to its subject to safety standards in the |! | flights, other than the one given by the Directorate |! | General of Civil Aeronautics.
In addition, all standards shall apply |! | of this code, as not inconsistent or |! | contradictory to the standards of this chapter. |!| Article 152 ter-for purposes of this |! | (Capítulo, se entenderá por: a) flight crew: are those |! | workers possessors of licence which allows |! | assign them duties essential to the operation |! | an aircraft during flight time. No |! | you will lose your employment status of flight crewmember, |! | the worker, employed as such, they are |! | assigned functions ashore. If the |! | maintenance of the respective license requires a |! | minimum number of hours of flight, the employer will be |! | forced to plan so Roles of flight |! | compliance at least with these hours;
b) cabin crew: are those |! | workers who, with their respective |! | license, participate in the work of service and |! | attention passengers, as well as care and |! | safety of persons or things transported |! | in the aircraft. Will not lose their employment status of |! | crew member of cabin, the worker who contracted |! | as such, are assigned functions in land;
(c) period of service of flight: corresponds to the |! | time, within a period of 24 hours |! | consecutive, from the time that the crew of |! | flight and cabin arises in dependencies |! | Airport or place assigned by the operator, with |! | the order to prepare, carry out and complete |! | operational and administratively a flight until |! | the crew is released of all function.
Also include as a period of service |! | flight hours to reentrenamientos |! | newspapers in aircraft and synthetic coaches of |! | flight, regular practices of land evacuation or |! | at sea (ditching), as also flight shuttle |! | for convenience of the operator;
d) period of service: is time |! | corresponding to any assigned activity by the |! | Operator to a crew member, unrelated to the same flight;
e) time of flight: total elapsed time |! | Since the plane begins its movement with the |! | purpose of take off, until it stops |! | (completamente ael finalizar el vuelo, y f) role of flight: is the instrument of |! | planning of flights that corresponds to the day |! | in shifts of crew members, and that it complies with |! | the functions set forth in paragraph 5 of the article |! | 10 of this code.
Article 152 ter b.-the monthly day of |! | the flight and cabin crew work may |! | be ordinary or special, in his case.
Article 152 ter C-employer or operator, |! | in your case, shall be given with an anticipation of a |! | the minus five days the role of flight which will govern the |! | day of the workers during the next month. |!| The employer may modify, for any cause, |! | said flight role within its period of validity, |! | as long as does not affect this days |! | scheduled worker.
If a flight role change involves a |! | fewer hours of flight, the worker will have |! | right to be remunerated him in accordance to the |! | originally scheduled hours; If it involves a number |! | top flight hours, these shall be paid |! | in its entirety. This rule applies only to the |! | workers whose wages are calculated total or |! | partially on the basis of effective hours of |! | flight.
If in the event of force majeure or unforeseen circumstances the |! | scheduled days off were affected while the |! | worker outside their place of residence, these |! | they must be compensated by mutual agreement.
Role of flight that change will not be considered |! | alteration product of the application of the own |! | worker.
Article 152 ter d.-the monthly day of |! | the flight and cabin crew work not |! | exceed one hundred sixty hours, unless the |! | Dirección General de Aeronáutica Civil, for reasons |! | safety, determine establish one day less. |!| Distribution will be through the Roles |! | flight. If the work of service in |! | land held for seven days or more in the month |! | calendar, monthly hours may not exceed the |! | hundred and eighty ordinary times.
The ordinary day shall not exceed twelve |! | hours of continuous work. Notwithstanding this, the |! | ordinary day may extend to fourteen |! | hours before the occurrence, in the respective flight of |! | contingencies weather, medical emergencies or |! | qualified maintenance needs of the |! | aircraft, which means that they have the |! | character of such to be consigned in the |! | Minimum Equipment List (MEL), updated by the |! | Dirección General de Aeronáutica Civil or entity to |! | which the company is subject as regards the |! | safety of flight.
The hours that these circumstances extend |! | the ordinary day, must be paid at least |! | with the surcharge indicated in article 32 of this |! | Code.
Compensatory rest systems after |! | of the ordinary day flight services, will be |! | the following: crew members of flight period of service flight hours of rest 7 10 8 12 9 13 10 14 11 15 12 15 crew cab period of service of flight hours of rest 7 10 8 11 9 12 10 13 11 14 12 15 with all, if a period of service of flight are |! | develops in seven hours or less, can not carry |! | out another flight within twenty-four hours of |! | started the first, except that between the beginning of the |! | first and second term do not exceed the |! | twelve hours.
If the ordinary day takes place on Earth, |! | only in work relating to period of service, the |! | working day may not exceed eight hours |! | continuous, charges this period the monthly limit |! | designated in the first paragraph, and to start a |! | Flight service period, must mediate |! | previously a minimum rest of 11 hours. Yes the |! | work on earth spread over a calendar month, |! | the average effective ordinary hours worked |! | It may not exceed forty-five weekly.
Article 152 ter e. -all provision of |! | services on land that is not understood |! | in the work of the period of service of |! | Flight, it will be considered as a period of service and |! | It must be paid in accordance with the average |! | for the last three months of the |! | worker's compensation. This rule applies |! | only to workers whose remuneration is |! | they calculated wholly or partly on the basis of hours |! | effective flight.
Also, without prejudice to the expenses and |! | transfers that the employer must provide for the |! | provision of services in land, but in the |! | abroad, on the occasion of events |! | such as fairs, promotions or congresses, the |! | workers shall be entitled to make that period |! | paid in the manner indicated in subsection |! | earlier.
Article 152 ter F-the special day is |! | that takes place for more than 12 hours for |! | reach destinations further afield, and may not exceed in |! | no case of twenty hours in a period of |! | twenty-four hours, requiring added to the |! | minimum crew, a certain number of |! | crew members. On these flights, the crews of |! | Cabin must rest on Board on a rotating basis to |! | less than an hour when the period of service of |! | Flight more than twelve hours, and can in this case |! | the worker develop effective work by a |! | more than fourteen hours. Likewise, in this |! | day breaks on board must be granted the |! | comfortable aircraft, according to the |! | technical standards issued by the General Directorate |! | of Civil Aviation. In addition to the |! | conditions that determine such a standard technique, the |! | Parties may agree on physical improvements for this |! | rest, as well as other types of compensation |! | consistent with the nature of this day.
The employer may schedule flights or routes of |! | long range, exceptionally, consider the |! | one-way and return to the same place with the same |! | crew in a special, going day the |! | (siguientes requisitos: a) that there are no objections to the safety of |! | flight by the General Directorate of |! | (Aeronáutica Civil, y b) that there is agreement with workers |! | involved and that that agreement is recorded in the |! | Direction of the work, which will be valid from |! | two years.
Article 152 ter G-flight crew members, |! | When are relieved of their duties in the |! | flight controls, must be given rest to |! | Board in order to not exceed the limits |! | set to the time of flight and period of |! | Flight service that, for safety reasons, |! | given the General Directorate of Civil Aviation. |!| The crew of flight may not be in command of |! | the controls for more than eight hours, continuous or |! | staple, within a period of service of |! | Flight, without prejudice to the address of |! | Civil Aviation set a lower number of |! | hours.
Periods of rest after a day |! | Special will be governed by the following table: crew members of flight period of service of flight hours of rest 12 15 13 16 14 17 15 17 16 18 17 19 18 20 19 22 20 24 crew cabin period of service of flight hours of rest 12 15 13 16 14 17 15 18 16 19 17 20 18 21 19 22 20 24 Article 152 ter H.-in any case, the |! | distribution of ordinary and special day you can |! | involve workers keep monthly |! | more than eighteen nights outside their place of |! | residence, except in the case of special commissions u |! | occasional overseas.
If the work of a crew member develop |! | with space for up to five consecutive days, will have |! | right to a minimum break of two days. In addition, |! | you will be entitled to a break of four days in case |! | that the work developed by space six |! | and up to ten days continuously. However, any |! | worker can provide services for more than ten |! | days continuously.
Exceptionally, shall not apply provisions |! | in the preceding paragraph, to workers who are |! | agreed in their contracts of employment clauses than |! | his freedom to choose monthly to determine the |! | distribution of their Roles of flight and thus the |! | distribution of work and rest days.
Article 152 ter i.-the employer may |! | set of call or period of catch, turns by |! | which the worker is obliged to be |! | available for a flight should be |! | replace another Member of the crew or be |! | present a similar emergency. Said period no |! | You cannot exceed 12 continuous hours or be |! | with another, and not be established within |! | the period of rest. The period of catch must |! | be compensated, by mutual agreement between the parties or |! | by collective agreement, unless there is |! | expressly included in the remuneration of the |! | worker.
Article 152 ter J-both on the day |! | ordinary, as on the special day, or in the |! | period of catch, shall not agree hours |! | extraordinary. This limitation shall not remain in force for the |! | crew cabin and flight when they develop |! | his work on Earth.
In addition, rest days and hours of |! | catch, they can not be attributed to the annual holiday of the |! | worker or even with consent.
Article 152 ter k.-worker whose |! | contracts are governed by this chapter, shall be |! | the right to Sunday rest, under the modality |! | that is designated in subsection if-following.
The worker shall have the right, at least by one |! | time in each month timetable, with a break of 106 |! | hours, which must include four full days |! | consecutive and include days Saturday and Sunday in the |! | basis of their habitual residence. Such breaks not |! | they may be initiated after the zero hour of the first |! | day.
Exceptionally, shall not apply provisions |! | in the preceding paragraph, to workers who are |! | agreed in their contracts of employment clauses than |! | his freedom to choose monthly to determine the |! | distribution of their Roles of flight and thus the |! | distribution of work and rest days.
Article 152 ter L-if the flight Roles |! | they related services for days |! | holidays, the employer must grant the respective |! | additional compensatory rest within the |! | following 60 days, with the possibility, however, |! | remember your compensation in money, but with a |! | charge no less than the designated in article 32 of the |! | This code and without affecting the provisions of |! | security which offered the General address of |! | Civil Aviation in this regard.
Article 152 ter M-the workers whose |! | contracts governed by this chapter, to the return to their |! | functions after your permission use of |! | maternity, shall enjoy the rights of power |! | under the terms of title II of book II of this |! | Code. To do so, must negotiate individual or |! | collectively with eight workers or more, the |! | working conditions that enable exercise sayings |! | rights until the child is two years, with the possibility |! | This varied options that designates the |! | Article 206 of the code including the lapse of |! | a recorded time in that provision. The |! | employer will be able to extend the conditions |! | collectively agreed that workers be |! | integrate the company said after |! | agreement.
In any case the alternatives that were agreed, |! | in one or another event, may involve a decrease |! | the remuneration of the worker. ".".