MOT issues circular on airline pilot management
16-09-2015 20:54:59+07:00
MOT issues circular on airline pilot management
Circular No 41 released by the Ministry of Transport (MOT) is expected to cause problems for domestic air carriers, according to lawyers and airline companies.
The circular, to take effect on October 1, stipulates that highly qualified personnel must submit their resignation in writing to employers at least 120 days in advance.The legal document has raised strong opposition from lawyers, who point out that the regulation is a violation of the law.
A representative of a domestic air carrier said the regulation would place new businesses at a disadvantage because they would find it difficult to recruit highly qualified, experienced pilots.
MOT initially required employees to submit their resignation 180 days in advance. However, that faced strong opposition when the ministry opened the draft circular for public opinion five months ago.
Lawyer Le Thanh Vinh, deputy director of SMIC Law Firm, said the circular was contrary to the 2012 Labor Code, which stipulates that workers have the right to unilaterally terminate labor contracts, provided that they submit their resignation 30-45 days in advance.
MOT understands the provisions of the Labor Code well. However, it argues that specific regulations should be set up for the aviation sector, where massive resignations may threaten flight safety.
However, Vinh said there was no exclusion stipulated in the Labor Code, and that the provisions of the code must be respected by all business fields in the national economy.
Vinh said under the 2012 Labor Code, pilots and other highly qualified workers have the right to refuse to sign labor contracts if airlines require them to submit their resignation 120 days in advance.
“If airline workers sign contracts under such provisions, they will violate the provisions stipulated in Article No 17 of the 2012 Labor Code,” Vinh said.
An aviation expert noted that with the circular, MOT was trying to help Vietnam Airlines retain experienced pilots.
As more airlines are now operating in Vietnam, the nation’s largest air carrier needs new measures to prevent loss of highly qualified staff.
Dr. Le Dang Doanh, a renowned economist, noted that in this case Vietnam Airlines asked for the watchdog agency’s intervention to solve its personnel problem.
“Ministries should not intervene in business operations by releasing administrative orders to protect employers belonging to a state-owned corporation under the ministry’s control,” he said.
In January, 117 pilots filed for sick leave during the Lunar New Year holiday, while more than 30 pilots from the Airbus fleet wanted to resign.
Vietnam Airlines (VNA) then asked the Minister of Transport Dinh La Thang to intervene, who then directed the Civil Aviation Authority of Vietnam (CAAV) to decline all leave applications from VNA employees temporarily in an effort to ensure the smooth running of the airline's operations.
