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The union representing the TAP pilots defends that in the three meetings it held with the management of the company (or its representatives) it was not presented with information that allows understanding the economic logic of the decision that led the airline to draft a plan. of restructuring to present it in Brussels and in which a cut of the wage bill of 25% and the dismissal of about 500 pilots is foreseen. And it even points to “misleading” information.
It is due to the lack of information and the lack of union participation in the construction of the restructuring plan that the Civil Aviation Pilots Union (SPAC) decided to request a common precautionary measure from the Lisbon Judicial Court of Justice in Lisbon. The objective is also, explains the union, that the plan does not reach Brussels without the involvement of the workers and is assumed as a fait accompli. “There is an indisputable right to information that has been systematically violated by the TAP group”, consider the pilots in the precautionary measure to which the Express had access.
SPAC requests access to information that includes “the economic-financial projections of the companies TAP, SGPS, SA, TAP, SA and Portugália, SA (or the companies that will succeed them, in case of restructuring) for the period 2020 -2025”. And he explains that “these projections must be presented with the same detail that the same companies usually use in their rendering of accounts.” TAP pilots also want detailed information on Portugália, which has been used more by the airline, which has not led to layoffs at this subsidiary.
“What has happened so far has been the provision of incomplete, insufficient and misleading information about the real purposes of the employer, that is, the information was not provided at the time, in a way and with a content that could allow, that is to say that the workers’ representatives carry out an adequate examination and prepare, if necessary, consultations ”, defends the SPAC.
The union points out that in the three meetings it has had since September 2, vague and general information on the sector and the company was presented, which does not allow understanding the reason and objective of the plan presented. It even seems that the information was provided with the aim of not being able to accurately understand the data that is assumed, suspecting that the premises do not lead to the conclusions that were intended to be drawn in terms of reduction of personnel and remuneration, ”the union emphasizes.
“It seems that the company is going to be governed by terror and coercion on the workers.”
SPAC speaks of a “flagrant violation of the right to information and consultation of workers’ representatives,” arguing that “it is intentional and aims to terrorize workers.” And it doesn’t stop here. “It seems that the company (now public) is going to be governed by terror and coercion on the workers,” the pilots union shoots. The State has 72.5% of TAP, whose president of the board of directors is Miguel Frasquilho.
Another point that justifies the precautionary measure is the lack of information on the operation of Portugália, a TAP group company with lower wage costs and smaller aircraft. “The issue of Portugália is both more important and complementary and operates under the TAP brand”, says SPAC.
“This process of subcontracting the activity of TAP SA to Portugália SA, which aims to artificially reduce the activity of the company, seems to be a precondition for the future restructuring of TAP”, says SPAC. And he accuses the company of confusing information about this dossier: “The information about this outsourcing process continues to be confusing and it seems to be one of the pillars of the reduction of pilots and planes in TAP”, he laments.
Among the information requested there is a lot of data about Portugal. Among them are “the current contracting terms of Portugália for flights sold by TAP, including, in particular, the formula for calculating the consideration. Or information about the contracting of Portugália for flights sold by TAP, in the period 2020-2025.
SPAC adds that the request for information made in the precautionary procedure already exists in the TAP Group, which is preparing to send the proposal to the Government for presentation to the European Commission. The union wants the court to order the sending of the “powerpoint” documents presented at the meetings held with the SPAC on November 12 and 27, which were not delivered despite being requested.
The information requested by the union is extensive and detailed. Below are some examples “the activity assumptions used in the projections of the companies TAP SA and Portugália SA”, among which are: the evolution of the fleet, year by year, by type of aircraft, in each company ( TAP and Portugália). The use of the fleet, year after year, in each company (TAP and Portugália), including, by type of aircraft, calculated according to industry practice, and with a breakdown of the assumptions used.
SPAC also had information on the evolution forecast, in the 2021-2025 period, of the TAP SA and Portugália workforce, broken down by categories and functions. And also information on the forecast of evolution, in the period 2021-2025, of the salaries of TAP SA and Portugália SA, broken down by categories and functions;
The union says, in the text of the precautionary measure, that “if it is understood that the information should not be delivered to SPAC, which for mere caution is required, then the required information should be sent to the TAP Union Delegates.”
In any case, SPAC requests that “TAP SA and TAP SGPS be ordered to pay a coercive fine of five thousand euros for each day of delay in providing the information referred to.”
