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  • Started 10 years ago by nkavq451954

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  1. nkavq451954
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    <br>WASHINGTON (Chinese Business Morning News Network reporter Shen Cheng Chinese businessmen sound) pilot requested to terminate the labor contract,http://biketk.com/home.php?mod=space&uid=269598, the airline was sued, claims 585 million yuan.<br> <br>Yesterday, the Court's decision shows that the pilot labor contracts Lee should pay liquidated damages 2.1 million yuan.<br> <br>Airline pilots to resign claims 585 million yuan<br> <br>Lee, 38 years old, was an airline pilot.<br> <br>January 2005, Lee and airline signed a non-fixed term labor contract, agreed to terminate the contract unilaterally as Lee constitutes a breach of contract, the unit should pay liquidated damages, liquidated damages calculated as :( labor contract - the contract has fulfilled Term) × compensation base. Compensation base for themselves the average monthly wage labor contracts before twelve months. The liquidated damages up to a maximum total amount of wages before I terminate the labor contracts of 12 months.<br> <br>September 2012, Lee made in writing to the airline labor contracts.<br> <br>January 2013, Lee sued the airline, a trial court to terminate the labor contract between the two parties, airline labor contracts issued to Lee proved,air max 90 pas cher, and for personnel files and the transfer of social security procedures. After the verdict, both sides appealed, the second instance court upheld the original judgment dispositif first, second, third term,http://bbs.6000m.net/home.php?mod=space&uid=698,piumini woolrich outlet, and the airline will be Lee's decision aircrew medical file, file transfer flight technology in Northeast China Civil Aviation Authority Scratch custody.<br> <br>October 2013, the Liaoning Provincial Airlines labor dispute arbitration committee made a request to pay the cost of training,http://www.elnaviero.com/spip/spip.php?article2160, Lee,http://237.newfine.net/home.php?mod=spacecp&ac=blog&blogid=, penalty and direct economic losses. The direct economic result of the Arbitration Commission has not made an arbitral award, Lee airlines turn to court, Lee liable for breach of requirements to pay training fees and the cost of 2.1 million strokes received,scarpe hogan outlet, 758,300 yuan liquidated damages, caused by the premature termination of the labor contract losses of 300 million yuan,Piumini moncler outlet, a total of 5.8583 million yuan.<br> <br>A trial court to pay 2.1 million pilot training costs<br> <br>The court hearing the case that, in accordance with relevant laws stipulate that employers provide workers with special training expenses of its professional and technical training, it may enter into an agreement with the workers agreed service period. Workers violation of service agreement, shall pay liquidated damages to the employer as agreed,http://www.isjmrn6mw.com/news/html/?5698.html, the amount of liquidated damages shall not exceed the cost of training provided by the employer. The employer requires the employee to pay liquidated damages shall not exceed the period of service should be part of the training expenses have not yet fulfilled. Under the labor contract and the law, Lee should pay liquidated damages in the amount of liquidated damages shall not exceed the period of service has not been part of the training expenses should fulfill. Because the airline did not provide the actual cost of hiring recruit training flight personnel, the reference to the relevant provisions of the State Civil Aviation Administration pilot training fees should be paid liquidity standards, Lee airline should pay 2.1 million yuan training fees. The amount of liquidated damages of 2.1 million yuan training costs have far exceeded the labor contract, the employer and therefore workers should no longer be paid liquidated damages of labor contract.<br> <br>Court in a trial of Lee airline labor contracts to pay liquidated damages 2.1 million yuan, dismissed the other claims on both sides.<br> <br>Court of Appeal upheld the second instance dismissed the airline<br> <br>After the announcement, the airline refused to accept the appeal. Lee is willing to obey the judgment of first instance.<br> <br>Court upheld the case that,http://www.dudiao.net/home.php?mod=space&uid=237407, according to the two sides signed the "labor contract" relevant agreement, Lee unilaterally terminate the labor contract shall pay liquidated damages airline,hogan outlet sito ufficiale, but according to relevant laws and regulations,http://www.88822.com/#03666/read.php?tid=980, workers violation of service agreement,http://zjk.yanzhen.yzdsb.com.cn/home.php?mod=space&uid=2982968, shall be in accordance with the agreement to The employer shall pay liquidated damages, the amount of liquidated damages shall not exceed the service has not been part of the training expenses that should fulfill. Referring to the trial, "the Supreme People's General Administration of Civil Aviation of China Forwarding" on regulating the flow of flight crew managed to ensure that the views of civil aviation flight workforce is stable, "the notice," the first article stipulates that "under the current air transport enterprise has recruited practical training of flight personnel cost, the reference 700 000 to 210 million units of the original standard pay "so the trial verdict Lee training costs to the airlines to pay 2.1 million yuan, is not inappropriate, shall be recognized. Because the parties have not agreed period of service, and the training costs 2.1 million yuan Lee has far exceeded the amount of liquidated damages to be borne, so the airline requires Lee to pay liquidated damages, there is no legal basis, not support it. Lee claims about airlines claim compensation for direct economic losses of 300 million, its failure to provide any evidence to prove the existence of the economic loss, so the lack of factual basis for its request that the lawsuit is also not supported.<br> <br>Yesterday, the Court's decision shows that the airline has rejected the appeal and upheld the original verdict.<br> <br>(Original title: Pilot resignation pour companies lose 2.1 million)<br><br>

    Posted 10 years ago #

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