A court victory in Spain could pave the way for flight attendants in the country to retire early with full pensions after the Madrid Court of First Instance ruled that the work of cabin crew is “arduous and dangerous” and could lead to premature aging and related health conditions.
The basis of the ruling is a law that dates back to 1986, known as Royal Decree 1559/1986. The law enshrined the right for pilots to retire early with full pensions, given the hazardous nature of their jobs, but it explicitly excluded flight attendants.
Cabin crew unions have long argued that excluding flight attendants from the early retirement provisions was discriminatory, but, until now, they have had little success in changing the law.
The new judgment, however, recognized that flight attendants experience the same inherent risks as pilots, with the court ruling that an “identity of reason” between pilots and cabin crew meant that the law should also apply to flight attendants.
The law does not set a specific age at which pilots can retire early. Instead, it applies an equation based on how long someone has been doing the job to work out how early they can retire.
For every one year worked, there is a reduction coefficient of 0.40, which works out to 4.8 months. For example, if a pilot worked for 25 years, they would get a 10-year reduction in their retirement age and would be able to earn their full pension from age 55.
The latest legal challenge was brought by the STAVLA flight attendant union, which represents crew members at some of Spain’s largest airlines, including the likes of Iberia and Air Europa.
In a statement, the airline commented: “We want to highlight the exceptional work of our legal team. Their dedication and ability to demonstrate that the duties of cabin crew involve substantially the same hardship as those of pilots have been crucial in overcoming the barrier unfairly imposed by the National Social Security Institute.”
“This court ruling sets a fundamental precedent that will pave the way for the recognition of the rights of all cabin crew.”
While this ruling is specific to Spain, there are growing calls throughout Europe for the retirement age of flight attendants to be lowered.
Unions often cite the hazardous nature of the job, including the risks from exposure to cosmic radiation, physically strenuous work, psychosocial factors such as disruptive rosters, and ‘toxic’ cabin air.
