| Resign right as a legal rights of laborers, is important guarantee for free flow of working people, and is an important magic weapon of laborer freelancers. Resignation right not only to ensure the basic human rights, but also to the Labour market resources optimization configuration also has a promoting role. But for some special identities of laborers, to exercise the right to resignation is not an easy thing. By looking at open cases in recent years, learned about the pilot with the airlines to resign the dispute cases almost every year there are hundreds of cases, and in dealing with such cases in the judicial practice exist some disputes, such as pilot workers identity validation, pilot compensation amount determination, and the pilot file transfer, etc., which can lead to serious problems in connection with different sentence of such cases. In this paper, by choosing the latest typical cases, analyze the focus of the case, combined with the basic theoretical knowledge, legal analysis and inductive method to use of case analysis. Through the case analysis, the author in the laborer abdication subject aspects, the different types of labor exercise their rights as well as the analysis of institution transference service, to enrich the content of \ "labor contract law\" has a certain positive role.This paper is divided into six parts of case analysis, the overall main content will now be summarized as follows:The first part, for the case of selecting system concise introduction, through the analysis of the case, find out the focus of the case. According to the focus of the analysis the problem, later one by one for analysis.The second part, in the process of analyzing whether pilots have workers identity, first expounds the connotation of the workers, it is concluded that define the key whether there is labor relationship of laborer. Through the analysis of the personality property and economic property of labor relations, to determine whether the pilot has workers identity. Then, analyzes the particularity of the pilot, it is concluded that the pilot is a special workers, a general laborer has certain advantage.The third part, based on the analysis of whether the pilot shall enjoy the right of freedom great resignation, first expounds the connotation of the right of workers to resign, analyzing the rights of the laborers’ right to resign. Through to our country current law and the analysis of the relevant provisions of the right to resign from the perspective of jurisprudence to analyze the laborers’ right to resignation reason of legislation, to determine whether flight shall enjoy the right of great freedom to resign. Finally, applicable to the pilot right to resign on program requirements and the legal effect is analyzed.The fourth part, based on the analysis of the pilot should resign compensation, whether the airlines can get huge compensation, first by academic circles for the definition of laborer service period and the current law, analyze the connotation of the service and the necessity of existence. Then, for violation of service period, the essay discusses whether to need to pay liquidated damages, and elaborates the nature of the service period of liquidated damages for employee, concluded that service has no punitive penalty due to breach of contract, different from penalty due to breach of contract in contract law. Then analyzes the legal basis to determine the amount of liquidated damages, evaluation decision in judicial practice at present, based on the five ministries views. Finally, it is concluded that the pilots in violation of the service period shall pay liquidated damages, airlines for huge damages to the relevant provisions of the "labor contract law" for sure.The fifth part, based on the analysis of the airlines should transfer for pilots to handle the related files, the first to analyze whether there is any laborer after contract obligation, it is concluded that there is laborer after contract obligations. Later in this paper, the unit of choose and employ persons in the labor contract with those after the contractual obligations, to determine the unit of choose and employ persons for workers to handle related files after the transfer contract obligations. Finally, based on the labor contract after the contract obligation, airlines should deal with including health records for the pilot and technical files, file transfer.The sixth part, comprehensive of the above theory, and combining with the case for case analysis conclusion. Then, through the case analysis in the process, found that the labor contract law in adjusting the pilot with the airlines to resign the dispute exposed problems, puts forward personal advice, to enrich the content of the labor contract law. reduce such cases in different sentence, the phenomena of connection with the pilots to free flow for normal legal procedures to guarantee. |
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