Labor and regulatory conflict in Mexican aviation
The Mexican Aviation Pilots Union Association (ASPA) has intensified its call to the Federal Civil Aviation Agency (AFAC) to limit the rental of aircraft with foreign crews by Viva Aerobus. This practice, temporarily authorized more than two years ago to make up for the lack of Airbus aircraft due to technical reviews, has generated a constitutional and labor debate.
Violation of regulations and risks for local employment
Jesús Ortiz Álvarez, general secretary of ASPA, denounced that the measure contradicts Article 32 of the Mexican Constitution, which reserves the operation of air transport to national personnel. In addition, he pointed out selective dismissals of Mexican pilots at Viva Aerobus, even with a decade of experience, while maintaining foreign personnel. “It is a mini cabotage that erodes our sources of work,” he said during the Social Dialogue Symposium.
The AFAC would have suggested extending the permits until October or November, although without official confirmation. Ángel Domínguez Catzin, president of the College of Aviator Pilots of Mexico, supported the position: “The legislation has been clear since 1932: Mexican aircraft must be operated by Mexicans.” He clarified that they do not reject foreign workers, but they require compliance with the legal framework.
Technical and operational impact
Aircraft leasing (wet lease) from Malta includes aircraft, pilots and crew, a temporary solution to fleet shortages. However, ASPA argues that Viva Aerobus has turned this into a protracted strategy, avoiding local hiring and weakening labor standards. The airline has not publicly responded to the allegations.
Experts point out that, although wet leasing is common in emergencies, its extension without technical justification could affect air security and sovereignty. The International Civil Aviation Organization (ICAO) recommends time limits for these practices, something that Mexico has not regulated precisely.
What’s next? ASPA prepares legal action and political pressure, while AFAC faces the challenge of balancing operational needs and legal compliance. The result could set a precedent for the regional airline industry.
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