Research On The Legal Issues Of Pilot Resignation

Pilots are the first ingredient of airlines’ development and airlines’ development rely on the stability of pilots.In labor relations between pilots and airlines,pilots,as strong workers who differ from ordinary workers,have the right to unilaterally interpret the labor contract according to labor laws.However,on the one hand,due to the interests of company and the cost of training pilots,airlines don’t hope pilots to leave;on the other hand,pilots want to leave because of their pursuit of greater opportunities or disapproval of company mechanism.The contradiction between labor and capital increases and brings both sides into a stalemate,which makes resigned pilots “jobless”.In aerospace industry,the pilot is high-risk occupation,and the stability of pilots who engage in civil aviation further affect the security of whole society.If the flight safety isn’t guaranteed,the security of people’s safety and property can’t be protected as well.In China,with the development of aviation industry,a series of laws and regulations is introduced to assure the rights and interests of pilots,especially those of civil aviation.But on account of the lag of legislation,pilots can’t maintain their own rights and interests when resigned.Meanwhile airlines can’t get benefits in such disputes,so at present major airlines are taking action in response to the resignation of pilots.In November 26,2014,the China Air Transport Association,the China Civil Aviation Pilots Association,four aviation groups,38 domestic airlines and four pilot representatives in the North Street jointly signed the "Airline Pilots Order Flow Convention",which is only an industry agreement and whose effectiveness is inferior to laws,can’t fundamentally solve the conflict between pilots and airlines.In summary,this paper is divided into five parts.The first chapter analyzes the status quo of legal protection for pilots’ right to resignation,meantime defines concept of pilots,and shows the main situation about the resignation of Chinese pilots in order to analyze the reason why it’s difficult for pilots to quit,and how to judge the labor disputes between pilots and airlines with two typical cases of pilot resignation to explore the legal problems in the judicial practice.The second chapter mainly discusses the legal relation of the labor contracts between pilots and airlines,along with the content,nature,and rights and obligations of the labor contracts between them.The third chapter mainly discusses the right of pilots to resignation and its exercise,and focuses on how currently pilots exercise their own right to resignation in dispute as well as the primary legal problems between pilots and airlines,such as the service period of pilots,the penalty,the treatment of health files and flight records,etc.The forth chapter mainly puts forward my understanding of the stratification theory of workers,and explores different subjects of workers with the stratification theory.The fifth chapter mainly analyzes how we reasonably limit the exercise of pilots’ right to resignation,such as improve the relevant legislation to guarantee pilots’ right to resignation,take full account of the protection for pilots’ right to resignation when conclude the labor contract,etc.