民航空勤人员备份时间: 类型、性质及其工资给付

Reserve Time of Air Crew Members:Classification,Nature and Pay

“备份飞行”是民航业上颇具特色的制度。空勤人员按航空公司指令进行等待所消耗的备份时间能否完全计入工作时间以及可否取得正常工资,理论和实务皆存争议,此类问题亦是工作时间法上典型疑难问题。根据备份期间所受拘束程度差异,可对空勤人员备份时间进行类型化分析,辨其属性,应为劳动法上之待命时间。从劳动基准法保障劳动者享有基本劳动权益角度考量,应将整个待命期间均认定为正常工作时间;从工资给付的视角看,应允许劳雇双方在不低于法定最低工资标准的前提下,基于按劳付酬之工资给付法理,遵循“合法、自愿、公平”原则协商解决,针对不同待命情形下劳动强度、劳动者所受拘束程度及注意义务等客观区别,可对待命工资予以适当的差异化处理。

“Reserve flight”is a characteristic system in the civil aviation field.Whether the reserve time consumed by the flight crew according to the airline's instruction should be fully included in the working time is controversial theoretically and practically.This kind of problem is also a typical difficult problem in working time law.According to the analysis of the difference of the degrees of restraint during the waiting course,the reserve time of air crew members should be identified as the standby time according to the labor law.For the protection of workers'basic labor rights and interests,the whole standby period should be taken as the working time.Considering the intensity of labor during the standby period is less than normal active labor,the standby time wage should be less,but not less than the minimum wage standard.The parties shall negotiate and settle the matter in accordance with the legal principle of wage payment,and the principle of legality,willingness and fairness.It is also appropriate to offer different payment based on degrees of restraint and duty of care of workers in different standby situations.