On January 7, 2022, the Sindicato Nacional dos Aeronautas (SNA) and the Sindicato Nacional das Empresas de Táxi Aéreo (SNETA) signed the new Collective Bargaining Agreement (“CCT”), to be in force from December 1st, 2021 to November 30th, 2023, except for the so-called economic clauses, which will be in force until November 30th, 2022. The base date of December 1st was maintained.
Since November 2017, with the introduction of the Aeronaut Law, crew members employed in private air operation services – that performed on a non-profit basis, at the service of the aircraft operator – have been put on a par with air cab company crew members for union representation purposes, including for determining the application of their collective agreement.
The new CCT foresees a salary readjustment of 7% (seven percent) on the salaries in effect on November 30, 2021, being expressly authorized the compensation of all salary anticipations granted as “salary adjustment” relative to the base date of December 1, 2021 or adjustments granted in collective agreements in the period from December 1, 2020 until the date of signature of the collective labor agreement.
Another important point is that the new CCT provides for the payment of an indemnity allowance due to aeronauts with an active contract and who have worked or maintained a current labor contract in the period from 12/1/2017 to 11/30/2021. The bonus will be paid in a single installment in January 2022, in the amounts stipulated in the CCT, namely
two-engine captain: R$ 3.800,00;
single-engine captain: R$ 2.600,00;
copilot: R$ 1.800,00; and
commissioner: R$ 1.750,00.
The purpose of the indemnity allowance is to compensate for the salary adjustment related to the base dates of 2018, 2019, and 2020. However, employers that granted salary advances for the period from 12/1/2017 to 11/30/2021 in amounts that, with payments made until January 7, 2022, are equal to or greater than the amounts stipulated by the CCT, are released from the obligation to grant the indemnity bonus. If the amount paid is less, employers can supplement the difference.
The above text is not exhaustive and does not represent or replace a specific recommendation from an analysis of the case. DDSA Advogados will be available to guide its clients regarding the applicability of the new collective labor agreement.