Legal Adjustment On Pilot Turnover Problems

In 2005, private airlines had been established, breaking the monopoly of state-owned airlines controlling civil aviation transportation. Because cultivating a qualified captain need 8-10 years, new private airlines don’t have enough time to cultivate enough pilots. These airlines often provide generous benefits to attract state-owned airline’s pilots. In competition between airlines, skilled airline pilots seem to be the object of competition. In the induction of private airlines, pilots who are driven by the interests have submitted their resignation to the original airlines, so they switch to private airlines. In order to maintain the stability of state-owned airlines airline pilots, airlines tend to ask for a huge amount of training compensation to pilots who want to resign. In 2008, the contradiction between the pilots and the airline reached a peak, the outbreak of a vicious pilot safety accident about pilots who fly passenger airplane privately returning to original place.. The incident aroused public attention to aviation safety and the issue about whether the pilot can turnover between airlines. In addition to the introduction and conclusion, the paper is divided into the following four parts:Part Ⅰ: We will discuss that pilot is employee in labor law from labor relations and workers definition these two perspectives. However, due to the relatively high cost of training, the shortage of pilots, related to public safety, the pilot has significantly different from ordinary workers, Labor Law may have some problem when it adjust pilots labor relation.Part II: 51 cases on pilot resignation are selected as research object. Airline claims and pilots claims is regarded as classification standards, this part reflect pilots turnover in the judicial practice. In addition, I summarize some errors in court trial and reason causing these errors.Part III: From legislative perspective, this part put forward solutions about pilot turnover problems. Firstly, the current law which is adjusting pilot turnover has been introduced. Secondly, we analyze why current Labor Law cause problems when it adjust pilot labor relations. Finally, I make some suggestions in legislative perspective.Part IV: From the perspective of pilot training, solutions to pilot turnover difficult is raised The main cause of the difficulty of pilot turnover is that the number of pilot can’t meet the demand for rapid development of the aviation industry pilots. Current single ordering train mode can’t provide a sufficient number of high-quality pilots, resulting in the shortage of pilots. In the end, I make some suggestions on how to improve training mode of pilots in China.The innovation of this paper is the following two points: First, I summarize by the method of horizontal analysis of 51 cases, to find out the differences and similarities, and summarize by the method of analysis of longitudinal comparative study on court of the change of attitude. There is a certain misunderstanding of pilots turnover problems and in-depth analysis of the functional disorders occur when the current legislation to adjust the pilot turnover. Second, in terms of solutions, I creatively propose to two aspects to solve the difficulty of pilot turnover. In the pilot training aspect, I analyze American training mode and China training mode and make a comparison. I also summarize the defect of China training mode and make some suggestions to improve training mode in China.