The Legal Adjustment For Pilot's Labour Relationa

Rencent years,there are many latent problems in Chinese civil aviaton industry. Pilot resignation events happened frequently. We can forecast that along with the general open of China civil aviaton industry,and the domestic privately airline company's growth with rises, the similar events still could unceasingly. From this, the pilot drifting management system will face the serious challenge. At present,"system reform demand"in all quarters benefit main body already very intense.Between the pilot and the Airline has the work relations to not have the question, this both stems from pilot's status to transform (i.e. from serviceman status to common laborer status transformation), and stems from the Airline to set up (i.e. from Government department to aviation enterprise's transformation). But, takes a kind of special worker, the pilot has: The human capital forms the high investment, the quantity supply's and demand's high scarcity, the profession order's high exterior nature as well as flight operations' high-risk danger, are worth paying attention. Is precisely based on this professional particularity, in works the relational legal adjustment aspect to the pilot only then to adopt personalized the system design, so solves each kind of problem which in the practice appears.First, the high investment which forms in view of the pilot human capital, after profiting from the human capital investment the correlation theories, the law should affirm that at the same time the pilot takes the independence human capital property rights which the human capital carrier has, provides the advantageous system safeguard for its independent flowing; On the other hand should also establish the Airline to take the human capital investor and the right of use person's legal status, emphasized while safeguards which the pilot flows independently to protect Airline's legitimate rights and interests, cannot harm its personnel training the enthusiasm.Next, the pilot works the relational law profit structure obviously to be different with the ordinary labor relations, it no longer limits to the labor benefit structure, but also deeply capital capital benefit structure influence, even relates the public interest. Speaking of the labor benefit structure, the pilot resides in"the relative weak one"status, therefore this work relations are"leans to one side"the capital strong trend not completely, its labor interaction, labor gambling are more complex, from this is related the rules and regulations must be fastidious about strategical; At present resigns the dispute full explanation capital capital benefit structure to work numerously the relational influence to the pilot, is precisely based on the state-operated Airline and the privately operated Airline in the human capital competition aspect contradiction, only then causes each kind of changing job dispute's occurrence. What is anxious, this kind of dispute exterior melts unceasingly tendency, not breakdown and public interest, including consumer rights and interests protection, flight safety, aviation industry development and so on. The French profit structure analysis's final goal lies in the determination core value orientation and the system goal, works the relational legal adjustment speaking of the pilot its legislative goal to locate in"the public welfare is supreme, capital capital fair competition, industrial harmony".Finally, our country pilots work the relational law adjustment strategy first are the mechanism constructions, includes specifically: The rules and regulations method's special legislative mechanism, the profession interior's coordinated mechanism as well as the labor dispute solve tripartite mechanism; But the regular system rule should concentrate with emphasis specifically in the pilot trains and flows two major problems. Speaking of the former, the key is promotes through the legislation with to encourage our country to fly the driving training class development of general utility aviation, turns on realistic bottleneck which the pilot raises; But the pilot flow problem must the part profit from the athlete transferring system, is mainly the idea uses for reference, its goal lies in: Will extricate as self-employed worker's pilot from the resignation dispute, causes to launch the human capital competition the Airline to arrive at the onstage secretly, by the company to the company, is not the weak trend individual to compares the strong trend the enterprise. Speaking of the concrete rule, may differentiate is"has family's pilot resignation"and"does not have family's pilot resignation"two broad headings to launch the different system construction.