In response to the Official Letter forwarded by the Federal Public Ministry (MPF) of Anápolis – Goiânia, the National Civil Aviation Agency (ANAC) clarified that according to Law No. 13,475 of 2017 is authorized the hiring of crew members as a legal entity, when it does not exceed the period of 30 (thirty) days from the date of commencement of services. The Agency also clarified that the hiring of crew members in this modality is limited to once a year, and must be formalized through a written contract.
The new Aeronaut Law now provides that the paid position of crew members on board the aircraft must be formalized through an employment contract, and it is permitted to exercise the paid position (flight or cabin crew member) without an employment contract, provided that the services rendered do not exceed 30 (thirty) consecutive days in a year and when the air service is not the operator’s core business.
Given the clarifications to the MPF’s questioning, it is possible to see that the ANAC ratifies the limitation imposed by the new Aeronaut Law, regarding the hiring of independent service providers (PJ or autonomous) for up to 30 consecutive days per year. The hiring of crew members in this modality, without observing the legal limits, may be subject to inspection and sanctions by ANAC and by labor inspection agencies.
The DDSA’s Aeronautical Law team is at your disposal for further clarifications on the subject.