KLM ordered to pay back wages to former Martinair cargo pilots

The Amsterdam Court of Appeal has ruled in favor of approximately 250 former Martinair cargo pilots in a long-standing legal dispute against KLM. The court determined that the pilots are entitled to back pay for the period between January 1, 2014, and January 1, 2022, during which KLM did not employ them following the transfer of Martinair's cargo operations.

While the pilots successfully argued that the transfer constituted a change of business, the court ruled that they are not entitled to the more favorable KLM collective labor agreement (CAO) or its pension schemes. Instead, their compensation must be calculated based on the Martinair collective labor agreement and pension regulations that were in place at the time of the transfer.

The financial implications for KLM are significant, as individual claims for back pay, including holiday pay and legal interest, could reach hundreds of thousands or even approximately 1 million euros per pilot. The final amounts will be determined on an individual basis, accounting for previous salaries, salary developments, and any income earned by the pilots elsewhere during that period.