The National Union of Flight Attendants Malaysia (Nufam) has urged civil aviation authorities to investigate the Eaglexpress Air Charter Sdn Bhd (Eaglexpress) for supposedly operating an airline when it clearly lacked the financial resources to do so.

Alleging double standards, Nufam Ismail Nasaruddin pointed out that the now-defunct Rayani Air has was swiftly suspended, while action has yet to be taken against Eaglexpress.

“We urged the Malaysian Aviation Commission (Mavcom), the Ministry of Transport, the government, to conduct an investigation as quickly as possible. They already know there is a breach of the law, but what are they going to do about it? […]

“I’d give you an example: Rayani Air. Why did you suspend Rayani Air so quickly? Because it breached the law. What law? Issuing hand-written boarding passes; that’s the first complaint brought by the public. Secondly, it didn’t pay its employees; there were arrears.

“Two things; what else did it breach? I want to know, because I see that there is unfairness here. That’s what I’m worried about right now,” he told a press conference in Subang yesterday, together with a former Eaglexpress employee, and two others who are still working for the airline.

According to Mavcom’s website, the financial viability of an airline is among the criteria considered prior to issuing an air service license (ASL) or and air service permit (ASP).

At least one of these permits is required to operate an airline, depending on whether the airline operates scheduled or unscheduled flights.

The charter airline had commenced operations in 2012. Its main business is to fly Muslim pilgrims from Malaysia to Saudi Arabia. It reportedly employs 300 people.

However, the company has been plagued by complaints from its staff over the past few months that their salary, allowances, and other financial entitlements are not being paid on time.

According to mStar Online on July 22, the company’s chief financial officer Andriaty Abdul Rahman reportedly said that the company will pay arrears for their employees’ May and June salary in early August.

It would make these payments first, before looking into the arrears in Employee’s Provident Fund (EPF) and Social Security Organisation (Socso) contributions.

Ismail said Nufam is already in touch with Mavcom regarding Eaglexpress’ situation, and the two are in midst of setting a date for a meeting.

He said he was informed that Mavcom is already monitoring Eaglexpress, especially in view of the fact that Eaglexpress’ Air Operator’s Certificate (AOC) is up for renewal on Aug 31, and its ASP is in midst of being renewed.

However, Ismail said he would have suspended Eaglexpress if he could.

“What are you waiting for? Suspend the airline, and then see what they can settle.

“If they can’t pay the workers for their salaries and whatever they owe, you have the right to confiscate all their property.

“How many planes do they have? Four. Confiscate. Execute what’s already in the law,” he said

He warned that if the government compromised, it would set a bad example for other airlines to follow.

AOCs are under the purview of the Ministry of Transport’s Department of Civil Aviation (DCA). It pertains mainly to the technical and safety aspects of running an airline, and is a precondition for obtaining an ASL or ASP from Mavcom.

‘Look before you jump’

Meanwhile on a separate issue, Ismail urged airline employees to research newly formed airlines first, before deciding to leave their jobs in established airlines to join them.

His comments come after the government alleged that Suasa Airlines Sdn Bhd (Suasa Airlines) had broken several aviation laws after it carried passengers on a flight from Langkawi to Kuala Lumpur without the necessary permits, on an aircraft marked "Monspace Suasa Airlines”.

Ismail said this means Suasa Airline’s staff would be left in limbo while the issue is being sorted out. He claimed that these are mostly former AirAsia staff who had left the company to join the new company.

“Many workers don’t understand regulatory issues. We, as a union, would like to ensure and advise them that when they choose which airline to join, do check with use or find out more about the company first.

“Don’t just jump over by leaving an established airline like Malindo Airlines, AirAsia, and MAS to join a new airline. This is the reason why many of them are left in the dark today […]

“So what will happen from now? I can foresee they will be coming to us, they will be walking to the labour office, they will be filing complaints saying that they are not being paid. You just wait and see,” he said.

He added that there are now 11 companies vying to start an airline.