chapter  9
13 Pages

Airline non-commercial advantages and fair competition

The issue of labour conditions
WithAndrea Trimarchi

Air transport is among the most technologically advanced industries and is a primary means of globalisation. However, the regulation of employment relations and labour issues in aviation still derives from a patchwork of domestic and/or regional laws. Such fragmentation could potentially affect competition, particularly between air carriers. Some of them may profit from non-commercial advantages deriving from more favourable labour legislations. It is believed that this process affects the level playing field for airlines.

This chapter attempts to answer the question as to whether diverging labour regimes may raise legal and practical implications concerning competition. In addition, it points to solutions appropriate for levelling the discussed legal discrepancies. The chapter discusses prospects for universal harmonisation and stresses the role of current air services agreements. The study argues for extending their scope to formally cover scenarios that can potentially descend from conflicting labour law regimes.