The Spanish low-cost airline Volotea was sentenced on Monday to a fine of 200,000 euros, half of which was suspended, for “hidden work”, after having paid pilots in Spain who actually worked in Bordeaux. quite intentionally committed fraud "by taking advantage of the" posting system "provided for by European law, to" drastically reduce its charges "and" distort competition ", ruled on Monday the president of the court of Bordeaux.
The low-cost company will also have to pay 300,843 euros in material damage and 5,000 euros in non-pecuniary damage to the Civil Aviation Flight Staff Pension Fund (CRPN), and 7,500 euros to the National Union of Airline Pilots for non-pecuniary damage. (SNPL).
For the same reason, Volotea will also pay 5,000 euros to each of the other civil parties: the Urssaf d'Aquitaine and three pilots from the low cost company.
A saving of 630,000 on 18 pilots
The company was accused of having paid, between 2013 and 2017, 18 pilots, mostly Spaniards, in Spain while they were based at Bordeaux-Mérignac airport, thus avoiding the payment in France of significant salaries and social contributions linked to them. According to the Bordeaux court, the Spanish company thus achieved savings, "far from negligible", of 630,000 euros over the entire period.
"An employer contributes 36% of the salary in Spain against 44% in France," President Denis Roucou recalled during the hearing in June.
European legislation authorizes the practice of secondment from work, but on a temporary basis.
New European directives concerning posted workers were adopted in 2018, enshrining the principle of equal treatment.
But in this case, earlier, "neither the rules of secondment, nor its limited duration have been respected," said Deputy Prosecutor Marianne Poinot in June.
Justice
Bordeaux: A fine required against Volotea for covert work
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Aquitaine
Bordeaux
Justice
Spain
Airline company
Low cost
Labor law
Airplane