On The Liquidated Damages Application Of Pilot's Labor Contract

Pilots are the direct promoters and participants for the civil air lining industry.For more than ten years,the endless arguments for pilots' labor contracts shows that the lack of supply,disorder in competition and lack of legislative flexibility exist in part of the field of labor market."Claim for sky-high price compensation","difficulties in re-employment" had been the focuses of the social media.Considering the legal practice,the court could only judge within the existing framework of the law,and even the verdicts could be admitted by the legal community,but it could never realize the interests re-balances between the company and the pilots.The administrative departments and autonomous institutions within the civil aviation system actively seek their own way out,but they cannot break through the existing legal framework and play their due role,which has long resulted in the invalidation of the judicial,administrative and autonomous collectives.Chapter 1 would start from the "Claim for sky-high price compensation",which is the social focus,and look back on its origin and changes of the respective laws,analyzing the fundamental sources and summoning up the conclusion,which is,that the law failed to authorize the administrative agencies enough room for adjustment,and pilots could earn arbitrage between the gap caused by the new offers and legal verdicts.In this chapter,the author thinks that the liquidated damages may be a direction for resolving this problem.In Chapter 2,the author illustrates the regulations for the pilots' labor contracts via cases.The author thinks that it is difficult to realize the unity of reason and jurisprudence in judicial judgment under the current legal framework and it is impossible to solve the substantive contradiction.In Chapter 3,The author analyzes the theoretical disputes about liquidated damages through the ranges and attributions,and raised his own basic views.In Chapter 4,based on the previous chapters,the author raised some questions regarding pilots and found solutions and advice in the final chapter.The conclusion is that,in order to leave some room for different categories of the employees,the legislative patterns or the labor contract laws should be changed so as to realize accurate adjustment and protection.The airline companies own some interests and investment worth protection in the pilots during his/her training session,and setting liquidated damages for competition restrictions could righteously solve the problems caused by pilots' demission.In addition,the existing system of liquidated damages for service period cannot meet the protection requirements for the prior investment of the employing unit,so the scope of application of liquidated damages for service period shall be allowed to be expanded and the penalty of liquidated damages shall be confirmed.Meanwhile,it is necessary to adjust to the industrial collective contracts,in order to prevent distorting pilots' fundamental rights.Because of the social attribution of the laboring relationship and the diversification of current labor relations,the environment regarding the law enforcement is of great complexity.This paper only on the pilot specific group of workers contract liquidated damages system to demonstrate,and put forward the point of view.Confined by the knowledge and material in hand,views are inevitably biased,and whether they may be applicable to other types of workers remains to be explored.However,as a hot topic for many years,the pilot separation dispute has its practical contradictions that cannot be avoided.The law should listen to various voices extensively and make more precise adjustments by improving the legislation.All participants in the industry also have a Shared responsibility to create an honest,orderly and level playing field and to actively and constructively create harmonious and stable labor relations.