Re: Ryanair annulla centinaia di voli per mancanza di piloti
Per dare un pò di contesto al tipo di contratto di cui stiamo parlando...
TERMS AND CONDITIONS OF AGREEMENT
Contract for Services No: <xxx>
This Contract for Services made on <date>
BETWEEN:
Brookfield Aviation International Ltd, a company incorporated under the laws of England and Wales, having its
registered offices at PO Box 279, Epsom, KT19 8YX (the “ Contractor”); and
(Company name to be advised) Ltd, a company incorporated under the laws of Ireland, having its registered offices at
<insert> (the “Employment Company” or “EC”); and
<Name> of <insert pilot address> (the “company representative”)
WHEREAS the EC is engaged as an independent consultant by the Contractor to provide the services of the company representative on the terms and conditions set out below.
DEFINITIONS:
“the company representative” means <name of the pilot>, the pilot engaged by the EC for the purposes of the EC complying with this Contract
“Commencement Date” means the date of commencement of this agreement set out in Schedule 1
“Contractor’s Confidential Information” means all confidential information relating to the business organisation, trade secrets, transactions, finances, technology, processes, specifications, methods, designs, formulae, technology and business activities or affairs, of and concerning the Contractor or the Hirer and their customers and suppliers.
“the Hirer” means Ryanair Plc, a company incorporated under the laws of Ireland and having its registered offices at Dublin Airport, Dublin, Ireland
“Operations Manuals” means the operations manuals published by the Hirer from time to time
“Outstanding Bond” means, where a company representative has previously been engaged directly by the Hirer, any amounts due and payable by the company representative to the Hirer in respect of pilot training undertaken in the course of the company representative being so directly engaged
“Pool” means a collective term for the group of pilots who provide services to the Hirer from time to time on behalf of the Contractor.
“Pool Member” means a member of the Pool
“Term” means the term of this Contract, specified in Schedule 1 “the Work” means the work described in Schedule 1
This Contract for Services is only valid subject to the company representative successfully completing a Ryanair B737-800 Type-rating Course or Operators Conversion Course as applicable.
WHEREBY IT IS AGREED AS FOLLOWS:
1. Engagement
(a) The EC will make the company representative (or an agreed acceptable and qualified nominated substitute) available to perform the Work on behalf of the Contractor for the Hirer from the Commencement Date.
(b) The EC will ensure the company representative will be available to perform the Work from the Commencement Date for eleven of twelve calendar months in the year from April to March inclusive for each calendar year this Contract remains in force. While the Contractor will use reasonable endeavours to locate or offer the Work, the EC acknowledges that the services of the company representative are provided on an as required and/or casual basis and there is no obligation upon the Contractor to locate or offer the Work.
(c) If the company representative cannot perform the Work the EC shall provide a substitute to perform the Work provided that the substitute shall have the necessary experience and qualifications to perform the Work and is acceptable to the Contractor and the Hirer.
(d) It is acknowledged that the EC is engaged as an independent consultant by the Contractor to provide the services of the company representative. Neither the EC nor the company representative shall be deemed to be an officer, agent, employee or servant of the Hirer or the Contractor.
(e) The EC will ensure that the company representative will operate in accordance with the scheduling guidelines of the Hirer, referred to in Schedule 2.
(f) The EC shall pay all taxation or pay related social insurance contributions payable in connection with its remuneration under this Contract. Where any sum of money becomes due to the Contractor pursuant to this clause, the same may be deducted from any sum then due or at which any time thereafter may become due to the EC under this or any other contract with the Contractor.
(g) The EC confirms that it is a limited company registered in Ireland and properly incorporated in accordance with Irish law. The Contractor reserves the right to withhold any payment to the EC pursuant to this Contract and may terminate this Contract immediately without liability for compensation or damages where it is not satisfied that the EC has met it’s liabilities to Irish Revenue, in view of Irish Revenue requirements for the company representative’s PAYE tax or Pay related Social Insurance contributions
(h) The EC warrants and undertakes to the Contractor that in the performance of this Contract it will comply with all laws, rules, regulations, decrees and other ordinances issued by any supra- governmental, governmental, state or other authority relating to the subject-matter of this Contract and to the performance by the parties hereto of their obligations hereunder.
4. Scheduling
Scheduling will be in accordance with the guidelines in Schedule 2 and shall be based on the Hirer’s Operations Manual Part A. The company representative's working bases will be as confirmed by the Hirer.
5. Basic Terms and Conditions
During the term of this Contract the EC will provide the services of the company representative to perform the Work at the request of the Contractor to the Hirer on the following terms and conditions:
(a) The EC shall procure that the company representative shall perform the Work in accordance with Schedule 1.
(b) The EC shall procure that the company representative produces evidence of all licences held by him to the Hirer upon the Contractor’s request.
(c) The EC shall procure that the company representative will abide by the laws of any state in which he may be required to perform his duties.
(d) The EC shall procure that the company representative will at all times be completely fit to fly.
(e) The EC shall procure that the company representative shall at all times comply with the Operations Manuals.
(f) The EC shall use its best endeavours to ensure that it is directly responsible to Irish Revenue for the company representative’s PAYE tax or Pay Related Social Insurance contributions.
6. Contractor’s Right to Terminate
Should the EC or the company representative:
(a) engage in any serious misconduct or any conduct tendering to bring the Hirer or Contractor into disrepute; or
(b) fail to comply with any of their express or implied obligations under this Contract or any contract supplemental to it; or
(c) fail or cease to perform their duties under this Contract to the Contractor's reasonable satisfaction; or
(d) fail the requisite airline pilots’ medical examination; or
(e) fail any initial or periodic simulator or aircraft proficiency check conducted by or on behalf of the Hirer; or
(f) fail to pass or maintain the relevant pilot licence; or
(g) fail to maintain a valid passport; or
(h) approach any personnel of the Hirer or Contractor, for, or on behalf of any other airline or agency; or
(i) publish defamatory statements about the Hirer or the Contractor to any person; or
(j) fail to maintain standards acceptable to the Hirer in relation to punctuality and attendance;
Then the Contractor shall have the right (in addition to any other rights which it has at law) to terminate this Contract immediately and without liability for compensation or damages. The EC shall then only receive payment as shall have accrued to the last day in which the company representative effectively carried out their duties, but without prejudice to any prior existing claims of either party.
Status
It is not intended that the company representative shall at any point be employed directly by the Hirer, however if this should occur a fee of €2,500 will be due from the EC to the contractor where the Contractor sourced and placed the company representative as a Pool Member.
15. Third Party Service
Should (i) the EC terminate this Contract prior to the expiry of the Term; and (ii) the company representative provide services to the Hirer through any party other than the Contractor within 12 months from the date of such termination, a fee of €2,500 will be due from the EC to Contractor.
Termination Notice
The Contractor or the EC may terminate this Contract by giving not less than 3 months’ written notice to the other parties. In the event that the EC purports to terminate this Contract upon less than 3 months’ notice, then the EC shall pay to the Contractor the sum of €5,000, such sum being payable as liquidated and ascertained damages by the EC to the Contractor in full and final settlement and satisfaction of the EC’s entire liability for any loss, damages, costs or expenses suffered or incurred by the Contractor arising from such event.
29. Liability
(a) The EC shall indemnify the Contractor and keep the Contractor fully and effectively indemnified on demand against any loss of or damage to any property of any person caused by any negligent act or omission or breach of this Contract by the EC, its employees, agents or subcontractors.
(b) The EC and the company representative undertake that it will indemnify the Contractor against all proceedings, costs, expenses, liabilities, loss or damage arising out of the breach or negligent performance or failure in performance by them of the terms of this Contract.
