Hainan interview - master warning - ready to pay +1000 eur???

[SurvivedJZR]

Hainan HNA CONTRACT

CONTRACT
For your information, here I post the contract which was about to be offered to me.
Is is contrary to other informations given by agencies or HNA itself.

At this moment, I only want to hightlight:

A review point 2.5
aa "The Airline with suitable hotel accommodation as per Hainan Airlines practices "
ab crosscheck with negative experience of unacceptable, unheated, dirty, healthrisking hotel in PEK

B review point 3.1, 3.2, 3.3:
ba your guaranteed blocktime of 935 hours is finally NOT guranteed
bb you have to pay back 147US$ for hours below 935 This means, if you fly less (sick, accident, ... ) you are getting paid a lot less !!
bc you get the 18.000 US$ every 6 months ONLY without being held responsible for any undesirable flight events, incidents, accident and violation of CAAC and Company rules. This means, if you have done only 1 single mistake you get 00.000 US$


This contract is executed on this date of Agust 2011 to June 2014

Employer: Hainan Airlines
Address: HNA Development Building, 29 Haixiu Road, Hainan
Agent of employer: Global Pilot Service Limited
Legally registered address:
19/F, Nan Dao Commercial Building, 359-361 Queen's Road Central,
Sheung Wan, Hong Kong,Tel: [phone]
Mailing Address for operation center: 4F-2, 191, Fuhsin North Road, Taipei, Taiwan, Tel: [phone]
Email: [email protected]

The Contractor: Captain A330
Full name:
Passport No:

Current resident or legally registered address:

THIS AGREEMENT is made the July 2011 between Global Pilot Service Limited (hereinafter called “GPS”) and A330 Captain:

WHEREAS
GPS is engaged principally in the selection and provision of suitably qualified personnel for their airline clients world-wide.
GPS has been requested to recruit and engage a suitable person or persons in the capability of A330 Captain so that their services can be made available to Hainan Airline based in Beijing or other service station operated and agreed by Hainan Airline (hereinafter called The Airline).

AGREEMENT
1 GPS shall subject as hereinafter provided, engage the Contractor for the period commencing July 2011 and ending June 2014 provided however that the term of this Agreement may be extended by mutual agreement between GPS and the Contractor. Engagement is fundamentally subject to the Contractor:
(a) Satisfactorily completing a ground school, simulator and aircraft proficiency check and line check by The Airline and / or the relevant Civil Aviation Authority.
(b) Gaining and maintaining a valid China ATPL, and other required license to perform a pilot duty.
(c) Maintaining the required standard of proficiency, performance and qualification for the term of this Agreement or any extension thereto.
(d) Maintaining his own license including proficiency check and instrument rating as required which must be acceptable to the relevant Civil Aviation Authority for the term of this Agreement or any extension thereto. The Airline will schedule, arrange and pay for all expenses for any training or simulator required to keep the Contractor’s CAAC medical and ATPL license valid.
(e) Maintaining minimum Level Four in Aviation English test or rating recognized by CAAC China.

TERMS AND CONDITIONS
2 During the term of this Agreement the Contractor shall render services to The Airline upon the following terms and conditions:
2.1. The Contractor shall undertake and perform such duties as The Airline require, in accordance with the working conditions and flight hour limitations operated by The Airline governed by CCAR 121 applicable version for the time being in force. He will observe and comply with all instructions and regulations from time to time given to him by The Airline.
2.2 The Airline shall allow the Contractor to have a minimum of ten (10) days free of duty pro rata at home base, normally it will be taken on two blocks or one block based on the arrangement agreed by The Airline. Provided however that The Airline may request the Contractor to reschedule such days free of duty and the Contractor shall not unreasonably withhold his agreement to such rescheduling. The Contractor may request to have his annual paid leave (2,5 days per applicable service month), sick leave together with a minimum monthly block day off, however it shall not more than 15 days and based on the availability of operational requirements. The Contractor may be offered six weeks on and two weeks off scheduling pattern based on the availability of the Airline. This kind of pattern has included paid leave credit inside. It means the Contractor won’t have separate paid annual leave if he chooses this 6 weeks on and 2 weeks off
2.3 The Airline will provide the Contractor with a flight roster based on their standard scheduling practice. The schedule is subject to change based on the operational requirement at the sole discretion of the Airline.
2.4 The Contractor is required to clear with the Chief Pilot / Operations Coordinator and have him duly authorize in advance individual requests for changes to the published, official roster.
2.5 The Contractor shall be provided by The Airline with suitable hotel accommodation as per Hainan Airlines practices as appropriate whilst on duty at layover stations other than base at which he is required to perform his duties for The Airline. Such accommodation will be provided by The Airline entirely at its expense.
2.6 The Contractor shall be provided by The Airline with suitable means of ground transportation to and from airfields whilst on duty at layover stations. If Contractor needs to find his own ground transport to the airport for duty, he will receive ‘RMB 2,000 per month for compensation. However, if Contractor receive the allowance and still utilize the ground transport provided by the Company. Contractor will need to refund the Airline.
2.7 The Contractor shall produce evidence of all license held by him to The Airline and take such steps (if any), as may be required to qualify himself under the laws of China to provide services to The Airline.

PAYMENTS
3.1 In consideration of his services hereunder GPS shall pay to the Contractor USD 12,500 net per month after the training period under the condition that the Contractor has accumulated more than 500 hours of A330 Captain hours recognized by the Airlines payable in arrears on last day of each month by direct transfer to the contractor’s bank account, details of which shall be furnished in writing by the Contractor to GPS as soon as possible after execution thereof. Salary during the training period will be based on the following formula: USD 250 per calendar day will be paid which will not exceed 90 calendar days after the Contractor reports to the Hai Nan Airlines. USD 417 per calendar day will be paid on the first month if the Contractor starts his first actual flying without under supervision is not a full month. If the Contractor is restricted for PIC assignment due to shortage of previous on type PIC experiences, 80% of full salary will be paid to the Contractor starting his assignement as a non-PIC flight crew until he can be cleared for PIC assignment on which a full monthly pay will apply.
3.2 Deadhead Flight Time: 50 percent of Deadhead flight time (positioning from one station to other station for duty purpose) will be credited for the pay hour computation purpose. However, if Flight Crew reports to the duty station by a normal passenger status such like positioning as an additional crewmember or passenger from operation station to home base, no pay hours credit for this flight.
3.3 Overtime calculation and payment reduction when low productivity hours due to the Contractor’s personal reasons : In the event of the Contractor working for any period in excess of 935 block hours in any 12 calendar months during the term hereof GPS shall, in addition, pay to the Contractor an amount equal to USD 200 per overtime hour. The Contractor will be responsible for advising to GPS details of such excess hours, verified by The Airline within thirty (30) days of such excess hours being worked. In addition, if it is due to the Contractor’s reason such as failure of required training or check, being involved in a serious flight event or incident/accident leading to suspension of his flight crew status, he cannot operate 935 hours per 12 calendar months. The reduction of payment will be applied based on USD 147 per hour shortfall 935 standard hours per 12 calendar months.

Summary of payment table
Position/Item A330 Captain
Basic Monthly payment (when assigned for full PIC assignment) / USD 12,500
Overtime rate per hour when fly more than 935 block hours per 12 calendar month / USD 200
The deduction rate if the contractor fly less than 935 hours per 12 calendar month due to personal reason / USD 147

3.4 Mid-term bonus: Contractor will be paid by the Airline USD 18,000 of mid-term bonus when complete every six months of service without being held responsible for any undesirable flight events, incidents, accident and violation of CAAC and Company rules. The payment will be transferred to Contractor’s account on the last day of the month following every six months of service in the Airline.
3.5 Per diem: The Contractor will be paid by the Airline per diem per day if he stays in an oversea layover outstation and no meal is provided by the Airlines. Shall free meals are provided; there will be no per diem.

ACCOMMODATION
The Contractor will be paid RMB 5,000 of rental subsidy per calendar month for the accommodation in China. Also, the suitable crew hotel in the outstation with free internet and standard breakfast when Contractor is required to perform the flight or ground duty will be provided the Airline.

PAID LEAVE
4 The Contractor will be entitled for a paid leave accrued at the rate of (2. and 1/2) days per month of assignment service. (If he chooses six weeks on and two weeks off pattern, such paid leave will be included in th said off period already. No extra paid leave will be given under this scheduling pattern) He shall not request annual leave before completion of initial three months service for the Airline. The Contractor needs to submit a written request one month before the intended leave period. It shall not more than 7 annual leave for one leave period and cannot more than 15 days in one calendar month when the leave is requested together with regular month off. Should paid leave be deferred until the end of the contract period due to operational reasons or more than 30 days, and the Contractor decides not to take the leave later with the consent of the Airline. GPS shall pay to the Contractor pro rata, USD 12,500 per 30 days, for each day so deferred.

BASE
The Contractor will be based in Beijing or other service station operated and agreed by the Airline. The change of base due to operational reason will be done with the consent of the Contractor.

AIRLINE TICKETS
The Airline will provide confirmed airline tickets on Economy class when Contractor is required to perform deadheading flight.
Contractor and his eligible dependant(s) will be entitled for three to five round trip tickets based on the service year shown on below table on the international service network and four round trip tickets on the domestic service network of Hainan Airlines every 12 calendar month after starting his actual flight duty in the Airline. These tickets will be on confirmed Economy class except some embargo periods published by Hainan Airline such like the Lunar New Year Holiday, Summer Holiday from July 10 to September 10 and October Holiday from September 28 to October 9.

Table for the number of international privilege ticket:
Service period / Numbers of Ticket
Within 12 months after starting actual flight service / 3 tickets
Within 24 months after starting actual flight service / 4 tickets
After 24 months per 12 months service / 5 tickets

The Contractor need to pay all incurred airport tax, fuel sur-charge and other applicable tax while use those entitled privilege tickets.
The Contractor may apply for the jump seat based on the practices and regulations of the Airline.

COMPLIANCE WITH LAWS
5
5.1 The Contractor shall abide by all laws of China and any other State in which he may be required to perform his duties hereunder.
5.2 The Contractor shall not consume alcoholic beverages of any kind in the period beginning 12 hours before the time at which he is rostered for duty.

PERSONAL ACCIDENT INSURANCE
6 Contractor will be provided with “Employer liability insurance” based on the standard practice of the Airline. In case of a serious accident occurs to the Contractor on duty or in the course of employment, the Airline must be able to organize the transport of the respective pilot to his home country to give him the chance to get the necessary medical assistance as soon as possible.

DAY OFF
7 The Contractor can expect 10 day off in one full calendar month. It normally will be taken by two blocks based on the arrangement of the Airline. For operational reasons, The Airline may request Contractor to adjust the scheduled block day off to the later months with agreement of the Contractor.

TAXATION
8.1 The Contractor will be provided with income tax-completion certificate issued by China tax authority by the Airline when income tax declaration is applicable.
8.2 The Contractor undertakes and accepts responsibility to discharge promptly all Income Tax, National and Social Security and all other tax regulations arising in China and any other jurisdiction in connection with his earnings hereunder and shall keep GPS fully indemnified in this respect.

CURRENCY
9 Any reference to USD in this Agreement shall be deemed to refer solely to the lawful currency of the United States of America.

TERMINATION
10
10.1 If any Agreement between GPS and The Airline relative to the provision of the Contractor’s service to The Airline shall be terminated either in whole or respect to the Contractor for any reason whatever, including the fault of GPS or the Contractor, then GPS may terminate this Agreement by serving not less than 90 days notice on the Contractor and GPS shall have no liability to the Contractor consequent on such termination. If Contractor would like to terminate the contract, he needs to advise GPS in writing 90 days prior to the proposed date of termination of this contract. If an insufficient advance notice is given by the Contractor to terminate this service contract, the Contractor agrees to refund USD 5,000 of penalty to the Airlines.
10.2 If the Contractor, during the term of this Agreement:
10.2.1 shall commit any grave misconduct or any conduct tending to bring himself or GPS or The Airline into disrepute, or any serious breach or non-observance of any of the conditions of this Agreement
OR
10.2.2 shall be deemed unsuitable for the subject assignment by The Airline for any specific reason such as involvement of serious flight event, incident, accident or discipline issue which hold the Contractor accountable after the investigation of the Airline or CAAC authority.
OR
10.2.3 shall without just cause willfully neglect or fail or refuse to carry out any of his duties hereunder,
OR
10.2.4 is adjudged bankrupt or compounds with his creditors,
OR
10.2.5 shall be convicted of any criminal offence,
OR
10.2.6 shall fail to pass or maintain the standard Airline Pilots medical
OR
10.2.7 is found to have misrepresented his qualifications and/or flight experience to either The Airline or GPS
OR
10.2.8 shall fail to maintain a current ATPL license or equivalent in the case of a Captain or current CPL or equivalent in the case of a First Officer or current Flight Engineer.
OR
10.2.9 shall fail any initial or periodic simulator/aircraft proficiency check or line check carried out by or on behalf of The Airline or fail to maintain the required standard of proficiency performance and qualification,
then GPS shall be entitled forthwith to terminate this Agreement without notice and without any payment in lieu of notice and the Contractor shall only be entitled to so much of his payment as shall have accrued to the date of such termination.

11 The Contractor shall following termination of this Agreement return to The Airline all manuals, items of uniform, identity card and any other items of property issued to the Contractor by or on behalf of The Airline. Further the Contractor will be required to settle all telephone accounts and other personal bills.
A final clearance certificate from The Airline evidencing that the foregoing requirements have been complied with, will be required by GPS prior to settlement of final payment. GPS shall be entitled to discharge outstanding obligations of the Contractor out of payments due by GPS to him. Final payment will be made at the end of the month in which the final clearance certificate has been received by GPS.
Penalty for premature termination of service contract on the contractor’s account:

12 The Contractor agrees to refund 120% of the cost (amount needs to be specified) to the Hainan airlines for whatever screening and training cost Hai Nan Airlines invests for getting related CAAC licenses and type rating for the Contractor if he resigns or the contract is terminated due to his personal reason less than 6 full months after the date he reports to Hainan Airlines.

INCAPACITY
13 If during the term of this Agreement, the Contractor shall be incapacitated through accident, ill-health or otherwise prevented from efficiently performing his duties hereunder, then should any period of such incapacity extend for 10 consecutive days or more, (being days on which the Contractor would otherwise have been rostered for duty) then (1) GPS shall not be liable to make payment to the Contractor in respect of any such period of incapacity to the extent it exceeds 10 consecutive days or more as aforesaid.

MEDICAL
14
14.1 10 days of paid sick leave will be granted per 12 calendar months of service.
14.2 In respect of any period of incapacity through accident or ill health extending for 2 consecutive days or more, the Contractor shall, at his own expense, furnish to The Airline a supporting certificate from a registered Medical practitioner setting out the nature of such incapacity and the probable extent of the periods of incapacity.
14.3 The Contractor shall, at any time during the period of this Agreement, submit at the request of GPS to a Medical Examination by any registered Medical Practitioner nominated by GPS and shall, as part of such examination, submit to any reasonable x-ray or other diagnostic tests or procedures by such registered Medical Practitioner.

CONFIDENTIALITY
15 The Contractor recognizes and acknowledges that details of GPS’s and The Airline’s customers, arrangements, contracts (including the contract between GPS and The Airline and the contract between GPS and the Contractor) techniques manuals and other policies and procedures which may exist from time to time are valuable, special and unique assets of their respective businesses. Therefore, the Contractor will not, during the term of this agreement, or for a two year period thereafter, disclose any of the above or other information or any part thereof to any person, firm, corporation association or any other entity for any reason or purposes whatsoever.

MISCELLANEOUS
16 The Contractor agrees that he will not, during the term of this Agreement and within one year after the expiry of this Contract provide his services to The Airline either directly or indirectly in any capacity without the prior written consent of GPS.
17 This Agreement shall be governed by the laws of Hong Kong and both parties agree to submit to the jurisdiction of the courts thereof. This Agreement is made for the specific purpose of enabling GPS to render temporary services to The Airline.
18 The terms of this Agreement may be varied in writing by mutual agreement between the parties.
19. In this Agreement, every word importing the masculine gender shall if appropriate be construed as if it imported the feminine gender.
20. This Agreement shall not become binding unit until it is executed by GPS. The Agreement supersedes all prior agreement, whether written or oral, between the Contractor and GPS or any related company thereof.
[GPS agency]

TO BE CONTINUED...