The pilots departure was won by 12 million sky price claim, and the lawsuit could not go away.

category:Global
 The pilots departure was won by 12 million sky price claim, and the lawsuit could not go away.


However, the result is still not gone! Job hopping reality: Win all the cases, still cant go One day in December 2016, Zhao Ming, a pilot for more than 5 years of flying age, told the cockpit 4 colleagues after flying Airbus 330 to end the flight mission from Chengdu to Xining. This was the last class, and he was going to resign. He also remembered that when he heard the news from several of his crew members, he said Congratulations to him for the first time. His colleagues Congratulations did not make him feel easy. According to his resignation before his colleagues, Zhao Ming said that he was in front of him a dark road. In the case of Zhao Ming, in the case of a pilots success, it takes a few years to send a letter of resignation to a real time, and the longer it takes, the longer it takes to leave. Just like Zhao Ming, there are many others who have left their minds. On the eve of the May Day, the white paper on the trial of pilots resignation disputes in Chengdu double court showed that the hospital accepted 192 cases of pilots dissension from 2013 to 2017, and the number of cases in general showed an upward trend, of which there were 87 in 2017, more than two times more than 25 in 2016. Chengdu Shuangliu Airport is within the jurisdiction of Shuangliu court. These pilots dissension disputes involve 159 pilots of six airlines. In fact, immediately after Zhao Mings resignation letter was sent, he was persuaded by the immediate leader. In fact, there is no shortage of you, but we can continue to fly or continue to fly. According to Zhao Mings description, company leaders do not really care about their resignation, but just follow the internal rules. A month later, Zhao Ming applied for labor arbitration to the Sichuan Labor Arbitration Commission, and finally decided to terminate the labor contract relationship, but Zhao Ming still did not succeed. Subsequently, Zhao Ming filed a lawsuit. In March 2017, the first trial double court once again supported Zhao Mings appeals to dissolve labor relations, but the airline refused to appeal. The case entered the second trial. In September 2017, the second instance of the Chengdu Central Court maintained the original judgment. When I quit, I was not married. Now the children are born. Zhao Ming told the Chengdu commercial newspaper reporter that the labor relations had been lifted, but he still could not be engaged in the flight of the new airline. Today it is still a idle state. Key focus: Flight files, stuck in the neck of the pilot After the lawsuit, finally come back to line up. Wang Da said. Wang Da is a colleague of Zhao Ming. Apart from his resignation letter, it has been submitted for four months by Zhao Mingwan, and the other processes are exactly the same. What he calls queuing refers to an internal regulation of the company. The airline has set up a queuing waiting period within the airline, and the waiting period for the application of a mobile pilot should not be less than one year. The starting time of the queue is the date of the labor dispute settlement between the two parties. This means that the pilot who terminates the labor contract through arbitration and litigation is on the basis of the court decision to settle the case after the two parties have settled the labor dispute, and also return to the company to continue the flow procedure. Each arbitration or judgment has already confirmed that the two sides have been relieved of their labor relations and holding the written verdict. Why should they return to the company to queue up? The focus of the problem is that when the pilot finds a new airline, it needs to transfer the flight technology files (including flight records, flight license membership), security records, and medical records to register, but the old owners tend not to let them out, and the court does not think it belongs to the category of personnel files. Hold these files. Exhaustion of judicial proceedings, Zhao Ming and Wang Da will eventually return to the negotiating table and the airline to sign a agreement, and return to the companys flow procedures, so as to obtain the transfer of flight technology files. In Wang Das view, the decision was made to confirm the dissolution of the labor relations. The intention was to leave the job as soon as possible and to increase the bargaining power for the follow-up negotiations, but it had lengthened the departure time and fell into a vicious circle. In the case of pilot resignation in the double court, the airline requires a liquidated breach and compensation fee of RMB 400-700 yuan between the pilots and 12 million yuan. This is only the demand of airlines. In fact, the court will not have so many judgments. At present, a captain is about 3 million 800 thousand yuan. In this regard, Wang Da said that the price of the price of a default is not the key to their separation difficult, they recognized the breach of money, but even if the payment of a liquidated gold, the flight technology files in the hands of the old owner, the initiative is still in the other. Why did the pilot quit? The reasons include pay gap and seniority. Wang Da used Pyramid to describe the remuneration of all airline companies. In his view, three airlines at the bottom, Sichuan Airlines and other local state-owned airlines in the middle position, okey, Chunqiu and other private airlines at the top. Ten years ago, the leadership said that our treatment and the private airlines were small steps and gradually catching up , but for many years, the gap between the two has widened. In the airline company where Wang Da is located, the average salary of the captain is about 800 thousand yuan a year, while the annual salary of the captain of the private airline is between 1 million 300 thousand yuan and 1 million 800 thousand yuan. Some netizens say that we are white eyed wolves, and their salaries are high, but they are still scarce. But salary is really not the only reason. Zhao Ming said that if only the salary is lower than the private airlines, it may feel dissatisfied, but it is absolutely not the determination to leave the job. It is not the way to see such a dark exit. According to Zhao Ming, according to the standard of flight operation, the flight is more safe than landing, and it is the right choice from the security point of view, but every time we make this choice, we have to consider something other than security. In addition, the pilots career path is clear, in the aircraft school is a student, first to the airline is a vice pilot, the accumulation of experience can upgrade to the captain, then the teacher, and then the teacher, each stage is subdivided into 2 to 5 grades, each upgrade needs to test and meet the flight length. These will be recorded in the flight technical files. Wang Da said. Career prospects are also the cause of their departure. Even if the top teacher is a front-line pilot, to continue the promotion, it is no longer a simple problem, most state-owned airline pilots, the ceiling is here. Here we talk about seniority, but in the last twenty years, there is basically no room for improvement. Why does the airline leave people? There are few flights, and training takes a lot of cost. The white paper of the double flow court points out that the pilot wants to leave but can not leave, the airline company can not keep people to stay behind the dilemma, because the imbalance between the supply and demand of pilots is sharp. The data of the civil aviation resource network shows that, after four years of development, as of the end of 2017, the total size of the CAAC fleet has reached 3261, the pilot license of the airline is 22195, the crew is 1:6.8, but it is still unable to meet the heavy aviation mission. At the same time, a Convention which limits the proportion of pilots in the industry is also considered to weaken the market regulation function and become a fuse for disputes. In November 26, 2014, the China Air Transport Association and the China Civil Aviation Pilots Association signed the Convention on the orderly flow of airline pilots. The Convention clearly limits the range of regulation and control of the outflow of pilots, determining that, in addition to internal mobility, the rate of outflow is in principle not more than 1% of the number of the airline pilots in December 31st, and the proportion of all pilots who are negotiated and through arbitration and litigation. The labor contract law clearly stipulates that workers can terminate the labor contract in writing thirty days prior notice to the employer. In this case, in this case, in this case, a large number of pilots who have no door flow will choose to be settled through arbitration and litigation, while some airlines have also procrastinating the pilots turnover by litigation to control the pilots flow rate. The pilot is facing a lot of training at every stage. The training cycle is long for several years, and the training of the model is also a great investment. It will cost a lot of time and money to train a qualified pilot. The white paper explains the airlines keeping people behavior. What do airlines do about it? The Chengdu Commercial Daily reporter contacted Zhao Mings airline and another local state airline, but the other side refused an interview. Law experts: The right to resign is a kind of absolute right No additional conditions can be added Zhang Qihuai, standing vice president of the aeronautical Law Institute of the Beijing law society, believes that the pilot should be able to flow, how to flow, where to flow, and the size of the flow cost. Airlines should take an active part in market competition, improve their working environment and increase their remuneration for labor. Zhang Qihuai said that there are no legal gaps in the related issues of pilot turnover. The problem is that the courts are not well implemented. Regarding the transfer of flight archives, Zhang Qihuai believed that the court should support the pilots appeals. In his view, the present labor law system in China has been perfected. The existing laws and regulations such as the labor law, labor contract law, and the opinions on the regulation of the stability of the flight personnel to ensure the stability of the civil aviation flight team are enough to solve the problem of the labor disputes between the pilots and the employers. In Zhang Qihuais view, the Convention violates the relevant laws and regulations of pilots labor disputes and limits the equal employment of pilots and free employment. Labor law and labor contract law and other relevant laws and regulations do not make a distinction between the categories of workers, so the character of the pilots work should not be the reason for its unfair treatment. An internal convention signed by airlines must not override the law and limit the right of pilots to equal employment and free employment. Zuo Xiangqi, an arbitrator of the labor dispute, believes that the transfer of flight technology files is not a category of labor disputes in theory, not in the courts and arbitral organs, but there is no clear provision in the law, and the courts in various places have different understandings, so the judgments are different. In the view of Zuo Qi, the referee should adhere to the principle of fairness in dealing with such cases, take care of the parties according to the specific circumstances, the rights of the pilot should be guaranteed, and the airline has also paid a huge cost when the pilot is training, and the instability of the flying staff will also affect the passengers. Flight safety. According to Zuo Xiangqi, according to the legislative spirit of the labor law, the right to resign from the law is an absolute right. It only needs to perform this right by the procedure of 30 days notice in advance, and the employer can not attach any conditions to this right. He said that the Convention could not be said to be illegal, but it could be considered that the Convention violates the spirit of the legislation, and that the court can judge the transfer of flight technology files with the airlines, but it can not support this claim in theory and from a comprehensive perspective of social fairness. In the view of Zhao Ming and Wang Da, all the programs are very clear, everyone knows what will happen, and after the exhaustion of judicial means, it can be expected to be in a deadlock with the airline. Source: Chengdu business daily editor: Guo Ping _B7442 Zuo Xiangqi, an arbitrator of the labor dispute, believes that the transfer of flight technology files is not a category of labor disputes in theory, not in the courts and arbitral organs, but there is no clear provision in the law, and the courts in various places have different understandings, so the judgments are different. In the view of Zuo Qi, the referee should adhere to the principle of fairness in dealing with such cases, take care of the parties according to the specific circumstances, the rights of the pilot should be guaranteed, and the airline has also paid a huge cost when the pilot is training, and the instability of the flying staff will also affect the passengers. Flight safety. According to Zuo Xiangqi, according to the legislative spirit of the labor law, the right to resign from the law is an absolute right. It only needs to perform this right by the procedure of 30 days notice in advance, and the employer can not attach any conditions to this right. He said that the Convention could not be said to be illegal, but it could be considered that the Convention violates the spirit of the legislation, and that the court can judge the transfer of flight technology files with the airlines, but it can not support this claim in theory and from a comprehensive perspective of social fairness. In the view of Zhao Ming and Wang Da, all the programs are very clear, everyone knows what will happen, and after the exhaustion of judicial means, it can be expected to be in a deadlock with the airline.