The storm is increasing around the partly state-owned airline SAS. The pilot union will initiate legal proceedings against the company, and SAS may have violated the right to re-employment, says one of Sweden’s foremost labour law experts to public television channel SVT. The union criticism has also been raised at several meetings with the Ministry of Trade and Industry.
SAS has carried out a reorganisation that has been heavily criticised by pilots and cabin crew. Pilots who have been laid off during the pandemic are referred to apply for jobs in new companies where their right to re-employment does not apply – which according to the unions violates the collective agreement. The airline’s answer is that it follows the rules, that it is about completely new services and that these are free to apply for anyone.
Labour law expert Tommy Iseskog believes that it looks as if SAS, through its reorganisation, has moved part of its operations between different companies within the group. “That is where the burden of explanation lies with SAS. Because when you as an outside observer look at this, it looks like it is the same type of business that has been moved from one company to another,” says Iseskog.
When SVT asks SAS about this, the company replies that the whole thing is not covered by the rules for a business transfer and that they do not break the legislation, but they choose not to say what the arguments are for it not being considered a business transfer.
In parallel, SAS has also, according to SVT’s sources, ended up in a conflict with the flight technicians about new working conditions for the technicians who were allowed to return after the pandemic.
As for the pilots, the trade union chairman Martin Lindgren says that legal proceedings are now being prepared: “What is happening now is that we are starting lawsuits against SAS regarding this in various countries. We are pilot associations in Sweden, Norway and Denmark that have joint agreements. SAS will only start this business in Denmark and this is where we will first try it legally“.
The aviation unions have repeatedly demanded that the government act against SAS, which is just over 20% owned by the Swedish state.
Source: SVT Nyheter
