Court rules that former Martinair pilots are not covered by KLM labor agreement

Former Martinair cargo pilots have lost their case to be paid according to the collective labor agreement from its parent company, KLM. The pilots were fired in 2014 when Martinair merged with KLM, but more than two years ago, a courtroom in The Hague ruled that this was unjustified. It ordered KLM to employ them again.

About 250 Martinair freight pilots then demanded back pay, benefits and pension arrangements in accordance with the more favorable KLM collective labor agreement. The subdistrict court in Amsterdam did not agree with this.

It noted that Martinair had its own collective labor agreement and pension scheme when they were unfairly dismissed. According to the Amsterdam court, Martinair is still an existing company and entity. As such, it also has its own employment conditions.

The judge also ruled that the cargo pilots do not have to receive back wages or compensation for a certain period after their dismissal. When KLM called on former Martinair pilots to return to work for the company in mid-2021, they said they would only do so if they were paid according to the KLM collective labor agreement.

According to the court, the fact that they did not want to work according to their old employment contract was their own decision based on the Martinair contract's more austere employment conditions.

The court did agree with the former Martinair pilots on one point. In the event of a possible reorganization, KLM must consider the pilots' seniority when deciding who will be dismissed.