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applies in Canada).
Aside from whether your tax is
deducted at source, you can identify
the essential difference between the
two in the way that you're treated.
An independent contractor is
outside the employer's business and
is told merely what has to be done,
and not how.
In Canada, there is a 4-part test as to
whether you are an independent
contractor or not, but, unless you
actually own the air service or have
income from other business pursuits,
it is difficult to meet (deductions at
source are not part of it).
Most contracts are free and easy, it
being up to both parties what they
want out of any situation. However,
contracts of employment (and sales
of goods, incidentally) are regulated
by law, so there is less freedom of
movement, although the bias is on
your side, helping to protect you and
allow more collective bargaining
(this last only applies if you're in a
union, of course, but there are none
for General Aviation).
Although any contract may be made
verbally (which could override a
written contract, by the way, subject
to provability), the law lays a duty on
the employer to give you a written
statement within 13 weeks of
starting work detailing conditions
about such things as pay, hours,
holidays, pensions, sick pay, notice,
disciplinary rules and any other
procedures which may affect you. If
you don't get a written statement,
you may be able to use what actually
goes on between you as evidence of
the presence of a contract.
Employer's Duties
· To pay wages as agreed. You are
entitled to a written itemised
pay statement, regardless of the
method of payment. It must
contain certain minimum items.
· To indemnify against liability
and loss (as a result of doing his
work).
· To provide a safe system of
work (including premises and
aircraft).
· References are subject to the
law of defamation (libel is
written, or, rather, permanent—
slander is spoken). Be careful,
though, to distinguish between a
false statement and an
expression of opinion made
without malice.
Your duties
· Obedience. It's your duty to
obey a lawful order, but there
are proper procedures for your
dismissal if you don't.
· To show good faith, that is,
work in your employer's best
interests.
Like any contract, one for
employment will take place
according to agreed terms and
conditions, but if there is a dispute, it
will be judged according to what is
reasonable. In the case of
termination, there may be damages
on either side, provided it could be
proven that damages were suffered
as a result of the action.
288 Operational Flying
The usual problem is unfair dismissal
on the employer's part, though, and
there are strict procedures that
enable you to go to an Industrial
Tribunal should such an event
happen. I suggest you check out
your local Citizen's Advice Bureau
for the latest information. In
Canada, you would have to apply to
the Human Resources Development
people, as aviation is a federally
regulated business.
There is an Equal Pay Act which
allows women to receive the same
pay as men for performance of
equivalent work. It also makes it
illegal (with certain exceptions) for
discrimination on grounds of sex,
and it applies both ways.
Neither is an employer allowed to
discriminate on race grounds.
In Canada, employees have rights
under the Canada Labour Code Part
II, or Occupational Safety and
Health Regulations.
Health And Safety At Work
This applies to Aviation as well, and
there is actually a Common Law
duty of care laid on whoever you
work for to ensure that the aircraft
flown are airworthy and fit for
Commercial Air Transport in every
respect. You are required to do a
pre-flight check, to be sure but, not
being a qualified engineer, there are
some things about an aircraft's
condition for flight you just have to
take on trust, which become the
Operator's responsibility. If
something turns out to be wrong,
then despite the adherence to
authorised maintenance schedules,
there could be negligence involved.
Recent amendments to the ANO
mean there are cases in which crews
cease to be passengers carried under
the terms of Commercial Air
Transport. Under these
circumstances, there is a lowering of
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