A written employment contract must be drawn up when a member of the cabin crew is hired.
This contract specifies, in particular:
1° The guaranteed minimum monthly salary ;
2° The redundancy payment which will be granted, except in the event of serious misconduct, to personnel dismissed without entitlement to an immediate pension;
3° The conditions under which the contract is terminated in the event of illness, disability or disappearance;
4° The final destination and the time from which the assignment is deemed to have been completed if the contract is concluded for a specific assignment;
5° If the contract provides for the sailor to be expatriated:
The duration of the stay outside mainland France, which may not exceed three consecutive years, unless both parties agree otherwise;
Subsistence allowance;
The leave granted at the end of the stay and the conditions of repatriation.
In the event of dismissal, the persons concerned will have the right, unless they request it, to be repatriated before the expiry of the notice period and at the employer’s expense;
6° The notice period to be observed in the event of termination of the contract by either party. During the period of notice, the monthly air work required of the seafarers must remain equal to the average of that required during the same period of time of the members of the seafaring personnel of the company in question;
7° The amount of the exclusive severance pay allocated to staff whose contract is terminated pursuant to Article L. 421-9. This amount is calculated as follows:
-less than ten years’ seniority: one tenth of a month’s salary per year of seniority;
-from ten years’ seniority: one tenth of a month’s salary per year of seniority plus one fifteenth of a month’s salary per year of seniority beyond ten years.
In this case, any annual or exceptional bonus or gratuity paid to the employee during this period will only be taken into account up to the limit of an amount calculated pro rata temporis.
The employer may, however, not use the seafarer during the notice period, but in this case he must pay him, immediately and in a single instalment, compensation calculated for the minimum notice period on the basis of the average total monthly salary for the last year of normal activity.
Unless it is a matter of providing a public service, aircrew and additional on-board personnel may only be required to work in the air in a zone of civil or military hostilities if they are volunteers. A special contract will then set out the special conditions of work and must expressly cover, apart from the usual risks, the particular risks due to the conditions of employment.
The application of the provisions of this article only concerns the relationship between the employer and the employee. It does not prevent the public authorities from exercising the right of requisition provided for by the laws in force.