All along, when there is a labor dispute between an airline and a pilot, the pilot will ask for an increase in the judgment of obtaining all technical files, but the airline will refuse on the grounds that it is not within the scope of the labor contract, and many court judgments will not support the pilot's request.
Therefore, even if the pilot got the judicial judgment and lifted the labor contract dispute with the airline, the pilot could not be employed in any domestic airline because the original airline did not hand over the technical files, and then he had to bow to the original airline. Then, the airlines put aside the judicial judgment and overcharged again, demanding compensation for the sky-high severance payment that far exceeded the judicial judgment several times.
In this way, even if the pilot wasted two or even three years and finished the labor contract dispute lawsuit, the pilot still had to come back to the airline to adjust the technical files. In fact, this has given the original airlines an unscrupulous bargaining chip, and many airlines have also taken this opportunity to give full play to the role of "hooligans".
A consultation notice that scares rogue airlines.
As early as 20 14 1, the Civil Aviation Administration has issued the advisory circular AC 12 1-48 on the registration, filing and operation management of transport pilots. However, the notice was not directly published on the website of the Civil Aviation Administration, that is to say, the notice could not be found through the official website of the Civil Aviation Administration, and the airline would never give it to the pilot, because under the notice, the "rogue" airline may have nothing to hide:
In this consultation notice, there are the following provisions on the registration of technical files.
4. 1 According to Article 69 1 2 of CCAR-1,each operator shall establish and keep the following records of each crew member:
A. Technical documents
4.4 The new employer shall require the hired pilot to provide a copy of the contents of item 4. 1 A of the original employer (the copy referred to in this article includes the original, copy, scanned copy and other copies, excluding the copy of the certificate), and make an evaluation, report the results to the bureau for review, and the operation can be implemented only after the registration of the bureau system is successful. A former employer refers to an operator who has an employment relationship with a pilot in the past 24 months.
4.5 The original employer shall provide the aircrew with a copy of item 4. 1 A to meet the safety record requirements for their participation in the operation of the new employer, and shall not charge any fees.
A the flight crew should fill in the application form (see annex 1) and submit an application for a copy of the safety record to the former employer. When there is a labor contract dispute between the two parties, they should settle the dispute before applying.
B the original employer and operator shall provide copies of safety records in time within 15 working days. If it cannot be provided in time due to special reasons such as geographical location, it can be extended to 20 working days. Operators who fail to provide copies of safety records without reason will not be accepted by the Bureau to register as new pilots.
The hope of the pilot's resignation
It should be said that the Civil Aviation Administration respects the labor law and the Constitution from the perspective of administrative management, giving pilots freedom of employment and giving them some hope for free movement!
At the specific implementation level, many pilots will ask, is it useful?
As a matter of fact, whether it is useful or not, you can consult the local administrative agencies in Fei Biao. For the pilot whose judicial judgment is over, there is no legal relationship with the original unit, that is to say, the determination of the pilot's personnel relationship can be transferred.
According to the requirements listed in this consultation notice, the technical files must be provided by the original unit within 15 days. If not, the pilot can directly find the Fei Biao office of the Administration where the original airline is located and ask the original unit not to register for the new pilot.
As for the medical examination files, as long as the labor contract with the original airline is terminated, the new airline can generally build another medical examination file. Whether it can be done specifically depends on the ability of each airline.
blaze a way in
Really can't. Let's fly abroad. You don't need a technical file!
Permission, of course, there are ways to solve it. Why else would I fly abroad for so many years?