Airline flight personnel, posted workers?

Abstract

There are problems with the qualification of the employment relationship of this group of international transport workers and to apply certain categories among which is the transnational posting of workers. This is largely due to the uncertainty regarding the usual place of work of aircrews, which persists after the judgement of the European Court of Justice of September 14, 2017, even though the relevance of the home base for the purpose of determining judicial jurisdiction and applicable law was confirmed. In this context, the practices of some airlines contribute to the continuity of situations that can be considered fictional displacements.