TAP-Air Portugal signs no-strike agreement

In April 1998, a "no-strike" agreement was concluded by TAP-Air Portugal, Portugal's national airline, and the SPAC pilots' union for the period up until November. The context of the agreement includes a new ministerial order from the Ministry of Infrastructure, Planning and Territorial Administration on flight and rest times in the aviation sector, which will permit significant changes in the process of bargaining.

On 3 April 1998, TAP-Air Portugal, Portugal's largest airline company, and the Civil Aviation Pilot's Union (Sindicato dos Pilotos da Aviação Civil, SPAC) signed a "special" protocol (negotiated at the end of 1997) in which the union agrees not to call any strikes until 31 October 1998. This guarantees flights during times of heavier traffic - the summer and during Expo '98, the major world exhibition that is taking place in Portugal. This agreement not to strike is a very important development in negotiations between the parties, following a long period of dispute (PT9708134N).In addition, the signing of the no-strike agreement will have a great impact on the social dialogue between TAP and SPAC on work organisation and negotiations over a new company-level agreement.

The no-strike agreement will also temporarily guarantee working time limits above those established in the ministerial order (portaria) which is currently in force in the sector, until a new order comes into effect (see below). Under the terms of the agreement, which will put a special regime into effect, TAP hopes to achieve greater flexibility in deploying its flight crew and to be able to overhaul its medium-range fleet in order to meet current needs. In return, the pilots will be financially compensated for the increase in company productivity, with payments amounting to nearly PTE 630 million, or PTE 90 million for each month the regime is in effect.

New ministerial order for the sector

The agreement and its "no-strike" clause only became possible after a new ministerial order was presented by the Ministry of Infrastructure, Planning and Territorial Administration (Ministério do Equipamento, Planeamento e Administração do Território, MEPAT), once the Ministry received official word that the EU would not proceed with legislation on working time in air transport before 1999 (EU9804102N).

The Ministry's new regulation of activity in the airline sector has been anxiously awaited by the social partners, and will standardise certain aspects of work organisation not dealt with in the previous ministerial order (Ministerial Order 408/87), such as flying time and rest periods for civil aviation pilots and cabin crew members. The pilots had recommended strict compliance with the existing law and the company-level agreement currently in force while awaiting the publication of the new regulations.

In order to overcome the limitations of Ministerial Order 408/87, the new order aims to establish more adequate rest periods. It also increases the maximum weekly limits for flight duty to 55 hours, whereas prior regulations stipulated a maximum of 45 hours for flight duty periods (FDP) and 36 hours for flying time (FT). A table released by the Ministry comparing Portugal with other European countries shows that, in the United Kingdom, the weekly flight duty period is 55-60 hours, while in Switzerland and Spain, there is no limit. The table is reproduced below.

Minimum rest periods for crew members, before and after an FDP, have been increased from eight to 11 hours. The new regulation stipulates 10 hours as a maximum FDP for one-pilot crews, while for two-pilot crews the maximum ranges from seven to 14 hours (depending upon the hardship involved, the time the flight started, and the number of scheduled landings). This is in contrast to the 12 hours stipulated by previous legislation. Consecutive night-time flying periods are limited to two, and only one of these may include a "critical period of circadian rhythm" - ie between 02.00 and 06.00. The total number of night-time flying periods per week may not exceed three. The regulations also stipulate 36 hours of time off weekly, which must include two consecutive nights.