Former Martinair cargo pilots are entitled to back pay from KLM
Former Martinair cargo pilots have won the right to back pay from KLM for the period spanning 2014 to 2022 following an improper company transfer. Although the court denied their request for retroactive application of the KLM collective agreement and pension scheme, it ruled they are entitled to wages for the years they were not employed by the company.
A group of approximately 250 former Martinair cargo pilots have been granted the right to claim back pay from KLM for the period between January 1, 2014, and January 1, 2022. The dispute originated from the 2014 transfer of Martinair's cargo division to KLM, a move that a court in The Hague later ruled improper in 2021, leading to the pilots' reinstatement. The pilots argued that the transfer should have automatically entitled them to KLM's collective labor agreement and pension schemes throughout that timeframe.
While the court rejected the application of the specific KLM collective agreement and pension benefits, it ultimately upheld the pilots' claim for back wages. This decision stems from the fact that KLM failed to employ the pilots during the eight-year period following the initial transfer. Additionally, the pilots had raised concerns regarding the role of the pilots' union, the VNV, alleging a conflict of interest in their representation during these proceedings.
Based on reporting by nu. Translated and condensed by LocalHeadlines.
