Breaking Contract
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Join Date: Mar 2007
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Breaking Contract
I have been offered a long contract in a place a very long way away from home. It will be my very first jet job, which I'm very pleased about. The company will pay for all training, accomodation, etc. I have received the contract and it says that if I break the contract and leave within the contract I am not able to join an airline that flies aircraft that the airline has already paid for me to be trained on. It does sound like a very good job and an excellent opportunity, it's just that I'm not sure if I can commit myself to being away for that long. Does the airline really have a right to say who I can and can't work for if I do quit within the contract? Is that legal, or what? It just doesn't sound right to me.
Join Date: Jun 2001
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Total nonsense!
Once the rating is on your licence it's yours to do with as you see fit.
I would never advocate breaking a contract but there is no way they could even try to legally enforce that restriction (apart from making phone calls to ruin you application etc).
Once the rating is on your licence it's yours to do with as you see fit.
I would never advocate breaking a contract but there is no way they could even try to legally enforce that restriction (apart from making phone calls to ruin you application etc).
Join Date: Aug 1999
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No, its not total nonsense.
It is not uncommon practice in employment contracts in other professions, its just that in aviation we generally see the financial training bond instead.
Its not unreasonable that company A should consider that the skills gained at its expense should not be used to benefit its competitor. I would say its a lot more moral than a training bond, because if you leave you are no worse of than you were before, and you would be accepting the training on the basis of serving the term of the contract.
pb
It is not uncommon practice in employment contracts in other professions, its just that in aviation we generally see the financial training bond instead.
Its not unreasonable that company A should consider that the skills gained at its expense should not be used to benefit its competitor. I would say its a lot more moral than a training bond, because if you leave you are no worse of than you were before, and you would be accepting the training on the basis of serving the term of the contract.
pb
Join Date: Dec 2004
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THIS IS NOT LEGAL ADVICE BUT GENERALLY...
As has been asked already - what is the governing law of this contract ? Jurisdiction ?
In England and Wales a court will generally only enforce a provision like this if it is reasonable.
This is all to do with what is known as restraint of trade - basically a person is entitled to undertake a lawful trade when and where he wants.
Any provision such as the one you mention is, prima facie, unenforceable. The provision will only be enforced if it is reasonable.
To my mind this MIGHT mean "you cannot fly type X for [2 airlines that are my biggest competitors] for 2 months after leaving", not you can never fly type X for any airline.
The former seems more reasonable than the latter.
* AS I SAID BEFORE THIS IS NOT LEGAL ADVICE
As has been asked already - what is the governing law of this contract ? Jurisdiction ?
In England and Wales a court will generally only enforce a provision like this if it is reasonable.
This is all to do with what is known as restraint of trade - basically a person is entitled to undertake a lawful trade when and where he wants.
Any provision such as the one you mention is, prima facie, unenforceable. The provision will only be enforced if it is reasonable.
To my mind this MIGHT mean "you cannot fly type X for [2 airlines that are my biggest competitors] for 2 months after leaving", not you can never fly type X for any airline.
The former seems more reasonable than the latter.
* AS I SAID BEFORE THIS IS NOT LEGAL ADVICE
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Berliner,
You don't mention where this job is based. There is a MASSIVE pilot shortage of pilots particularly in Asia and for the first time in my experience, airlines are offering inducements in order to 'poach' pilots from their competitors. Also, airlines are having to improve the terms and conditions they offer. Think very carefully before locking yourself in for too long.
LJ
You don't mention where this job is based. There is a MASSIVE pilot shortage of pilots particularly in Asia and for the first time in my experience, airlines are offering inducements in order to 'poach' pilots from their competitors. Also, airlines are having to improve the terms and conditions they offer. Think very carefully before locking yourself in for too long.
LJ
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The job is based in asia, and the company pay for everything so its not some scam. If I did sign the contract then I would have every intention of honouring it. Its just that I want to know what my options are if it doesn't work out. I don't want to find myself in a worse off position than I started out with. I get the impression that these guys are trying to find out who aren't the loyal ones and then obviously won't invest time and money in them.
