The Research On Legal Lssues Of Unilateral Termination Of Labor Contract By Civil Aviation Pilots

The unilateral termination of the labor contract of civil aviation pilots means that civil aviation pilots exercise the unilateral termination right and terminate the labor contract with the airlines they work for with their unilateral intention without mutual agreement.Article 37 and 38 of the Labor Contract Law clearly stipulate the circumstances under which laborers can unilaterally terminate labor contracts.However,for special laborers such as pilots,the current law does not provide detailed provisions for their characteristics of high training cost and high market scarcity.People’s courts at all levels have very different opinions on the judgment of unilateral termination of labor contracts by pilots.As a result,the phenomenon of“same case,different judgment” sometimes occurs.Although some industry norms attempt to unify the specific standards and procedures of this process,the provisions are still incomplete,resulting in ongoing disputes over judicial practice.In this paper,representative important judgment data of the people’s courts at all levels in the past five years are selected to form case samples,starting from the focus of the judgment to analyze the case samples.The labor disputes over unilateral termination of labor contracts by civil aviation pilots are characterized by long litigation cycle,strong litigation antagonism,many cases of centralized litigation and combined trial,and obvious conflicts.After statistical analysis of the case samples,it is found that the amount of compensation paid by civil aviation pilots to airlines such as liquidated damages and training fees is highly controversial.The court also has multiple processing paths for the transfer of judgment flight files.At the same time,there are three situations: no judgment is made for the internal management of the industry,the judgment is not clear,only the judgment is handled according to the regulations of the Civil Aviation Administration,and the file transfer is handled with a clear judgment.There are a certain degree of case acceptance disputes and implementation difficulties.The root cause of the above problems is that China’s current labor legislation adjusts different types of labor relations uniformly and indiscriminately,ignoring the occupational particularity of workers in different industries and the strong position of some workers for employers compared with ordinary workers,as well as the special regulations of the administrative department of China’s civil aviation industry on the changes of pilots’ labor relations.Ultimately,the dispute over the unilateral termination of the pilot labor contract involves the conflict resolution between the norms of different service ranks and the balance between the unilateral termination rights enjoyed by the pilot and the interests of the airline.The practical problems caused by these problems are reflected in the labor disputes,such as the improper calculation of the compensation amount such as liquidated damages and training fees,unclear regulations on the transfer of file materials,and difficult to get relief for the infringement of pilots’ labor rights and interests by the airlines.To solve the above problems,the following suggestions are put forward: in terms of miscalculation of compensation amount,improve the legal governance of compensation fees such as liquidated damages and training fees,standardize the applicable scope and standard of compensation for liquidated damages and training fees,make airlines bear the burden of proof for training fees,and take the cost of recruiting pilots of the same grade as the reference object for the final determination of total compensation costs;On the issue of file transfer,clarify the responsibility of the legal relationship of file material transfer,build the Civil Aviation Administration as the center of the file material transfer right system,improve the legal connection of the file material transfer responsibility clause;In terms of the protection and relief of civil aviation pilots’ labor rights and interests,appropriately extend the resignation notice period of civil aviation pilots,establish compensation rules for airline companies’ infringement of pilots’ labor rights and interests,and prevent the waste of social resources;Finally,taking the pilot trade association as the entry point,it proposes to improve the coordination mechanism within the industry,and give play to and strengthen its function of self-discipline and rights protection.