Labour Protection And Civil Pilots In China: Training Cost In The Legal Swamp

Abstract

In China, termination of pilot employment has raised many arguments revolving around the training repayment. When pilots resign from their jobs or are fired, airlines generally claim compensation for the training cost. Questions arising in lawsuits can generally be divided into several categories: repayment window, repayment amount, statutory exemptions, and unfair discharge. The incoherent interpretation of the Chinese Labour Contract Law and the Pilot Movement Directive has led to controversies in civil proceedings. Furthermore, training repayment by pilots contributes to regulatory concerns about aviation safety, fair competition, the right to quit, and contractual unconscionability. This article addresses to what extent current Chinese law recognizes training repayment by civil pilots. Through the case study of Chinese judicial decisions and the comparative study of practices in the United States and the European Union, this article concludes with discussions on a viable way forward. China, labour protection, civil pilots, training cost, repayment obligation