標題: and the airline signed a labor contract without a fixed term [打印本頁] 作者: fghdfd3g4h 時間: 2015-10-17 14:26 標題: and the airline signed a labor contract without a fixed term Nanjing Liu Bin (a pseudonym) is an airline pilot Jiangsu branch, has 15 years of flying experience. Last September, he is the captain, to the company for personal reasons to resign, and one month in advance to pay the application. It did not foresee was that not only did not resign application been approved, the company also found that he defaults, he claims to more than 700 million. Modern Express Reporter learned yesterday, Jiangsu labor arbitration departments given the outcome of arbitration, after the company 2.1 million yuan Liu Bin need training fees paid to the transfer of archives labor relations and social insurance. & Nbsp;
Modern Express reporter Li Shaofu
The captain wanted to resign, the airline claims 7,095,000
2.1 million including the initial training costs and follow-up training costs
4,995,000 including fees flight experience, the field training aircraft depreciation and fuel, landing fees, etc.
January 23 this year, Jiangsu Province labor arbitration committee arbitration tribunal hearing the case. In the arbitration court, the airline's attorney,moncler Outlet, said Liu Bin with between airlines have signed a formal labor contract, both parties have a contractual relationship, the contract shall be respected. According to the relevant provisions of the labor contract law, employees in non-compliance with labor contract before the end of his resignation, should be compensated, the training costs and loss compensation for its payment.
Liu Bin and fees should be paid for 7.095 million yuan, including initial training, follow-up training costs amounted to 2.1 million yuan, 4.995 million yuan additional fee for flight experience, the field training aircraft depreciation and fuel, landing and other expenses.
Meanwhile, the airline attorney also said that labor relations are preconditions must first unit, compensation can be negotiated only after the lifting and orderly flow.
At the same time, the pilot only has laborer properties, but also with "asset attributes." So he believes that Liu Bin to resign, they must first pay the company's compensation payments, in order for the relevant post-separation procedures.
And Liu Bin party requires the tribunal to allow him to resign, and to ask the airline surrender his health records, and flight experience records, and allow him to transfer labor relations and social insurance archives.
Nearly 500 million "flight experience fee" in the end this should not pay
He has been told to resign in advance
Operators breach it?
■ Airlines
In the arbitration court, the airline attorney, said Liu Bin, and the airline signed a labor contract without a fixed term, when the contract, they agreed on the need for the company's services to his retirement. Now he only served 10 years, unilaterally terminate the contract requirements,http://utomir.lib.u-toyama.ac.jp, have been liquidated, it should bear the liability, refund related training costs, and pay damages caused to the company.
■ captain
Liu Bin's attorney argued that under the relevant provisions of the Labor Law, workers are entitled to a voluntary termination of employment. Signed a labor contract without a fixed term, in order to constrain Unit casual dismissal, the protection of workers' rights, in this case, the employee due to personal reasons, the unit can be negotiated with labor relations.
Although Liu Bin with the term of the labor contract the airline has not yet ended, but he is strictly in accordance with the Labor Law, 30 days advance written notice to the unit, and to hand over all documents, procedures valid. Therefore, he believes his organization should terminate the labor relationship.
Training fee of up to 2.1 million yuan
Reasonable?
■ Airlines
Modern Express reporter noted that in the airline's claims, only training fees as high as 2.1 million yuan. Airline attorney explained that the money in the initial training costs into flight school and subsequent training costs. Airlines, said compensation costs of $ 2.1 million, related financial documents,piumini woolrich, flight records, and re-training certificate and other evidence together. Meanwhile, the TUC on behalf of the airline would have adopted a company policy, training costs more than 600,000 pilots in the company's service period of 35 years. And Liu Bin's training costs, has reached more than 200 million, belonging to 35-year service period.
■ captain
Liu Bin's attorney argued that the labor contract signed with the company Liu Bin, there is no agreed period of service, so this cost can not be calculated. Liu Bin's attorney also said that from the early beginning, the most junior pilot training costs more than 60 million, the airline that requirement is unreasonable. Meanwhile,http://sc.hengxinsiyuan.com/news/html/?11562.html, Liu Bin said that this provision did not know, and did not sign the relevant provisions.
In the airline advocates claim costs, the largest sum of 4.995 million yuan of flight experience fee. The cost is reasonable, one airline is explained: Liu Bin instructor as captain, under more than 2,700 hours to the flight recorder. He airline serving all these years, the company in order to allow him to become captain instructor, provided aircraft to him, the cost per hour up to several thousand dollars, down conversion there are over 500 million.
Airline attorney, said the 50 landing training which the company provided to Liu Bin, landing fees would generate 22,500 yuan, 600,000 yuan depreciation,http://210.136.152.85/cgi-bin/aldnet/light/lightbbs.cgi, 132,500 yuan fuel consumption.
■ captain
Liu Bin party rose to captain admitted instructor must achieve the required flight time, but if counted as training time,http://gamsa.net/guestbook/index.php?item/create_form/1, the violation. Because the State Civil Aviation Administration prohibited "to fly on behalf of the Institute," which 2700 hours of flight records, many of his company's services for the period will inevitably produce, which is the working hours of flight passengers should not be counted as training time, so I do not approved the fee.
2.1 million training fees must be paid before departure captain
Yesterday, the labor department ruling, Liu Bin to resign, the airline needs to pay the initial training, follow-up training costs amounted to 2.1 million yuan, and allowed him to transfer archives labor relations and social insurance. For aviation personnel health records, and flight experience records, the arbitral tribunal does not belong to the scope of arbitration is considered inadmissible. Jiangsu Province labor arbitration departments related to personnel, the labor arbitration ruling to pay 2.1 million yuan Liu Bin related costs to airlines, has become over the years, Jiangsu pay the highest price of individual labor disputes.
How to Make the pilots?
According to airline related parties, have been pilots train costs higher, while most pilots, from entering the aviation school began, airline costs are generally related advances. During the aviation school, cost is generally 60 million yuan. Domestic airline pilot training methods, there are "major changes in driving" and "to develop students" two.
There are generally two pilot training methods
"Big change drive" means from the college student into pilots, general and including the "2 + 2" and "3 + 1" and "4 + 1" are three former refers to accept two years of general college education, then receiving two In flight driving professional education, "3 + 1" refers to the three-year general education curriculum for specialist college, a year longer accept flight driving professional education, the last one is after graduating from college, and then accept the one year pilot flight professional education . "Develop students" refers directly after graduating from high school was selected as cadet, will receive a four-year full flight theory courses and many in the aviation flight training school, two years of study after two and a half of ground theory goes flying training.
Training a pilot to spend more than 200 million mature
Either way the selection of participants, pilots generally from Jinjiao beginning, signed with airlines, the airlines pay for education and training costs, and the corresponding requirement is that students after graduation to need company.
To want to be a pilot, you must first become aviation cadet colleges. Generally through a series of rigorous screening and physical examination, as well as meet the political, review, in order to obtain after the final training qualifications.
Training qualifications obtained after becoming student,http://wx.jazzsynth.com/wxcgi/kizai/sunkizai.cgi?mode=form&no=70&page=2, and student training time needs four or five years. After graduating from the aviation school, but also to accept the last seven hours of technical grade exams airlines and local authorities supervision. Passed the exam, just to get a pilot's license, you can not check posts. To check posts, when the co-pilot, airlines also need to conduct transition training simulator, generally it takes three to five months.
After simulator training, will be transferred to the field of training, use real planes made 30 movements, and in order to stagger the normal flight day, mainly at midnight 12:00 to 6:00 PM.
After the field of qualified pilots upbringing can be divided into nine stages: the observer, the whole right seat, four stages of the co-pilot, copilot seat left, the captain and flight instructor.
Thus, after five to seven years, it was only a qualified pilots trained. With the aircraft hardware and software, as well as aviation-related development, even qualified pilots, in late also need to continue training. 10 years of pilot work, pre-and post training costs are generally up to 200 million yuan, and some even higher.
Jiang Lawyer Zhao Juan, said employees before the contract expires, because of their own reasons to resign, if at the time of the signing of labor contracts, there is no clear breach of contract related to the indemnification provisions can be no compensation, only one advance month written notice to the unit, the transfer of work to do.
Once the employee for personal reasons, in violation of the agreed period of service, shall be as agreed to pay liquidated damages to the unit.
Zhao Juan said, according to the law, workers should be paid the amount of liquidated damages shall not exceed the cost rates have not fulfilled their part of the training should be assessed, such as unit training costs paid 100,000 yuan, agreed to serve 10 years,moncler outlet milano, while the workers only service 4 years to resign, the unit does not need to pay more than 60,000 yuan in compensation.
If the resignation is caused because of the unit, such as unit does not exist on time wages or overtime and other illegal activities cause, even if the service has not expired,doudoune moncler pas cher, the employee may be offered to resign, without paying any fees, opposite the unit should pay the associated labor make up.