Members Update – April 2024

by Cargolux Board
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We would like to provide you with important updates on several topics:

  • Wrong application of Flight Time Limitations
  • Funeral of Markus Gerneck
  • ALPL Divisional Assembly 2024
  • Taxation of Overtime for German Residents 

Wrong Application of Flight Time Limitations
It has come to our attention that there have been isolated instances where crew control did not adhere to the Flight Time Limitations for Standard and Augmented Crew Operations. Specifically:

  • For a Flight Duty Period (FDP) scheduled with a Standard Crew (1 Captain and 1 First Officer), Article 36.6.2.2 and Table 2 of the CWA must be followed. The FDP must always be planned within the Planning Limit outlined in Table 2. The published Operational Limit for the respective start of the FDP is only applicable in case of unforeseen circumstances ( e.g., loading delays, fueling delays, ATC slot) that occur after the reporting time. This limit should not be exceeded unless using Commander’s Discretion as per Article 36.12.
  • Extensions to the maximum FDP for a Standard Crew using in-flight rest are governed by Article 36.6.4 and Tables 6 to 9. Remember, a FDP covering 3 sectors requires a Standard Flight Crew plus 1 additional Captain and 1 First Officer. 

Please report any discrepancies in the application of the CWA by crew control to us so we can act on it.

Funeral of Markus Gerneck
The funeral for Markus Gerneck is scheduled at Pfarrkirche St. Johannes in Schleich at 10:30 AM on Friday, 19th April 2024. All colleagues who wish to attend are welcome.

ALPL Divisional Assembly 2024
Due to the social election and the formation of a new Delegation at Cargolux, planning for the 2024 Divisional Assembly has been delayed. It remains a priority on our agenda, and we will communicate the date as soon as it is finalized. We appreciate your understanding and patience.

Taxation of Overtime for German Residents
Following recent changes to the double taxation agreement between Germany and Luxembourg, we consulted a tax lawyer to clarify the implications for our fellow colleagues residing in Germany. 

As by his response, the amendment affects only paragraph 1 (pertaining to normal professions) and does not alter the provisions for pilots outlined in paragraph 4. For pilots, taxation continues solely in the country of the employer’s registered office without the option for salary splitting as in other cross-border professions.

If the legislators had intended for the overtime regulations to apply to pilots as well, they would have needed to include these provisions in a subsequent paragraph of Article 14, following the existing regulations for pilots.

For a detailed explanation, please click here to read the complete response.