The regulation in a collective agreement according to which a pilot’s employment relationship ends without the need for termination if the aviation medical examination board determines that the employee can no longer carry out his job due to physical unfitness is effective.
According to a decision of the Seventh Senate of October 16, 2008 ( 7 AZR 185/07 ), this also applies if the unfitness to fly is due to an accident at work for which the employer is responsible. It does not contradict the general principle of equality if the collective bargaining parties treat the (in all probability) permanent unfitness to fly differently than the temporary loss or withdrawal of official permission or
Confirmation. The subsequent condition is also objectively justified. §§ 21, 14 Abs. 1 TzBfG. However, the loss of fitness to fly does not in itself constitute a sufficient factual reason for the discontinuing condition. Only the employer’s lack of employment opportunities resulting from the loss of fitness to fly justifies termination of the employment relationship without notice.
If there is no free and suitable job after the unfitness to fly has been determined, maintaining the previous contractual relationship would be pointless because the employer can no longer employ the employee and the employee is no longer able to provide the contractually agreed service due to the unfitness to fly.