NEW DELHI: The Airline Pilots Association of India (ALPA) has strongly opposed the working paper submitted by the Ministry of Civil Aviation to the International Civil Aviation Organisation (ICAO) calling upon it to regulate the hiring of Indian aviation professionals by foreign airlines.
The association has asked the Ministry to immediately withdraw the paper submitted to ICAO on August 1 during its 42nd session and focus on prioritising reforms for the crew of airlines.
A media statement by Captain Sam Thomas, president of the Bengaluru-based ALPA, which has 1,000-plus pilots under its fold, on Thursday said, "This proposal if implemented would violate the constitutional rights of Indian citizens, damage India’s global image as a liberal economy, and discourage the professional aspirations of our highly skilled aviation workforce."
The statement urged, "Withdraw the working paper submitted to ICAO in its current form."
Any move to restrict Indian professionals from seeking lawful overseas employment infringes upon the rights guaranteed under Articles 19 and 21 of the Constitution of India, it added.
Pointing out that the move was contrary to international norms, the ALPA president pointed out, "Aviation is a global industry. Pilots and aviation professionals from numerous countries work abroad under transparent, mutually agreed-upon conditions. Targeting outbound employment from India sets a dangerous precedent and is inconsistent with ICAO's principles of consensus, collaboration and international workforce mobility."
It also pointed out that the outflow of talent was not due to domestic dissatisfaction and not due to "foreign poaching". Poor working conditions, lack of contractual security and the absence of standardised pay structures need to be addressed domestically, the statement said.
The release also called upon the Aviation ministry to collaborate with the Finance Ministry to incentivize aviation professionals to remain in India by making their earnings tax-free. Tax could be deducted for expenses like licence renewals and loss-of-licence insurance, it suggested.
The Civil Aviation Requirement (CAR) rules (Section 7) which mandate a minimum notice period of six months and a No Objection Certificate from the airline for First Officers and Commanders have been legally challenged by various pilots in the Delhi High Court and the matter remains sub judice, Captain Thomas pointed out.
"It is unfortunate and highly contemptuous for the government to bypass the legal process by presenting the same issues in the form of an international paper," it added.
Thousands of pilots lose their pay and gratuities whenever an airline has shut down in India.
"Former pilots of Kingfisher Airlines are yet to receive even a fraction of their legal dues – 13 years after the airline ceased operations. The same fate has befallen employees of Jet Airways, Go Airlines, and several other air operators who exploited this CAR to deny workers their lawful compensation, before abruptly ceasing operations. This left many employees unemployed for extended periods," the statement said.