The 34 -year -old captain resigned and was claimed by Air China 10.66 million, and the court: compensation 2.1 million

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Upstream journalist Feng Shengyong intern Wu Yifan Photo originated from Su Hang, the editor of the National Aviation Official Website

Mr. Lin (pseudonym) is a captain. In October 2020, 34 -year -old Mr. Lin resigned from China International Airlines Co., Ltd. (hereinafter referred to as Air China) from serving 12 years. However, Air China's complaint brought it to court and claimed 10.66 million yuan. After the first instance and retrial, on July 14, 2022, the final judgment of the Beijing Third Intermediate People's Court, Mr. Lin compensated the National Airlines training fee of 2.1 million yuan.

On July 24, lawyer Li Li, a Chongqing Jieheng Law Firm, told reporters: "The workers in this case will engage in professional skills work and will encounter the terms or agreement of the service period. If professional skills workers have signed relevant clauses, If the agreement, pay attention to the risk of paying a liquidated damage to the labor contract in advance. "

1. Air China complains that the training captain will cost at least 6 million to 8 million

In 2006, Mr. Lin was trained by Air China and entered the Flying Academy to study. After graduation, Mr. Lin went to the Air China Department to work in a pilot. On September 25, 2008, the two parties signed a non -fixed term labor contract. Mr. Lin has become a captain in Air China through initial training, modification training and subsequent training, and re -training of various models. On October 29, 2020, Mr. Lin, 34, filed an application for resignation on the grounds of personal reasons. On December 2, 2020, the labor relationship between the two sides was lifted. However, Air China's complaint brought it to court and claimed 10.66 million yuan.

According to the National Airlines complaint, according to the training rules, pilots generally need to conduct undergraduate studies in the aviation school. Then conduct a second driving assessment. Subsequently, there were multiple levels of first -co -driving, being trained and assessment, etc., and then the captain could be tested. Actual training a pilot is mostly more than ten years.

In addition, pilots also participate in training in special circumstances, special weather, etc. every year, and each year's re -training and knowledge training in meteorological, geography, and management. If pilots fly to other models, they also need to be modified. This long -term system training process determines that the training cost of the flight personnel is high. The airline trains a captain, which costs at least 6 million to 8 million yuan.

According to relevant laws and policies, the training cost of pilots is inevitable. Pilots leave the airline and the loss of airlines will inevitably occur. Lin Moumou has to pay 5.33 million yuan in defaults to Air China and 5.33 million yuan in training, and compensate for a total of 10.66 million yuan.

2. The court believes that the amount of training expenses cannot be accurately verified accurately

Mr. Lin argued that with Air China, he did not agree on the signing of professional and technical training contracts with the so -called training, and did not agree on the corresponding service period. The term of the labor contract was not equal to the service period of the training contract.

In addition, Air China does not provide any special training invoice and transfer vouchers, which cannot prove that Air China has made any payment for the training of Lin Moumou's training.

Third, according to relevant regulations, Air China has not only legal obligations to pilot training, but also an inevitable requirement for normal business. It requires workers to return the training fee without legal basis. After the court of first instance, it was determined that Lin Moumou should pay 2.1 million yuan in training fees for Air China. Both parties were dissatisfied with the court's judgment and appealed to the San Middle School of Beijing.

The court trial held that the focus of the controversy in this case was whether Lin Moumou should pay Air China training fees. If the payment should be paid, the training fee should be determined.

Lin Moumou joined the Air China Corporation on September 25, 2008 to serve as a flight position. During his work in Air China, Air China will inevitably conduct continuous training and pay the corresponding training costs. Lin Moumou also recognized the flight record book submitted by Air China. The flight record book showed that Lin Moumou participated in the training activities arranged by Air China for him. Essence

Because Air China failed to submit the original voucher for the actual expenditure training fee, the court could not accurately verify and further confirm the amount of training expenses claimed by Air China. Combining the facts of the case and referring to the relevant provisions of the China Civil Aviation Administration, the court of first instance determined that the court of the first instance was determined as appropriate Lin Moumou should pay 2.1 million yuan in training fees for Air China. Judgment: Reject the appeal and maintain the original judgment.

3. Lawyer reminds: workers need to meet three conditions to pay liquidated damages

Attorney Li Li, a lawyer of Chongqing Jieheng Law Firm, told reporters: The law stipulates that in the labor relations, only the service period and competition restrictions can set the liquidated damages of the workers. Pay a liquidated damage to the employer.

In practice, the court judge whether the service period can be supported by three conditions: there are three conditions:

First, it must be special training. Ordinary such as employment training, basic work basic skills training cannot agree on the service period and liquidated damages;

Second, the training must be greater money and time, such as external professionals, mentors, and concentrated training for one week.

Third, the two parties signed the relevant agreement in advance, agreed to the amount of liquidated damages.

Therefore, if workers are engaged in professional skills, they may encounter the terms or agreements of the service period. Workers can judge whether the training is a legal regulation in accordance with relevant regulations. At the same time, pay attention to the content of the service period agreement and negotiate with the unit.If the relevant clause agreement has been signed, pay attention to the risk of paying liquidated damages caused by the lifting of the labor contract in advance.

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