In an astonishing move, the Directorate General of Civil Aviation has issued a diktat that commanding pilots have to serve a one-year notice period before they quit and join another airline. A co-pilot has to serve a six-month notice period, says the aviation regulator.

What’s the logic behind this new rule? Well, the DGCA believes that it takes eight to nine months to train a pilot and their resignations — especially if they are en masse — cause operational disruptions. The question is can a regulator interfere in job contracts between a private airline and its employees? Isn’t it overstepping its jurisdiction? And in a competitive open market, isn’t it the airline’s headache to make sure it fills the vacuum quickly so that flights run smoothly.

Shortage of talent Talent shortage, especially the dearth of key talent, is a universal phenomenon. Literally every industry — and critical sectors such as healthcare and emergency services — is grappling with this problem but does that mean binding employees forcibly to their seats? If the employer ensures good working conditions and adequate work-life balance, why would an employee leave or create a stir? “People stay if they are engaged,” points out a private airline’s HR head.

Also, as some pilots point out, if they are forcibly asked to stay on long after they have mentally quit, the danger is they might work without motivation. The notice period is one of the most awkward times in most employees’s lives — you are not trusted with key responsibilities, and you are kept out of meetings, thus worsening the disengagement. Wouldn’t such a pilot ferrying 200-odd passengers be more of a liability?

Aviation has been a pretty turbulent industry in India, and pilots and managements have had a notoriously acrimonious relationship necessitating frequent intervention by the DGCA. For instance, pilots have held airlines to ransom by reporting sick at the very last moment. This happened with Jet Airways last November when its pilots went on the warpath over a new software-based rostering system which they felt was unfair. Flights got disrupted as a result. The show of rebellion prompted the DGCA to consider a drastic new rule whereby pilots reporting sick would have to undergo medical checks to verfiy their claim. According to the DGCA pilots often reported sick during weekends and festivals. Clearly, there is complete lack of trust on the DGCA’s part where pilots are concerned.

There have been cases of pilots refusing to work if a flight got delayed saying their duty hours were over. In 2015, to deal with such issues as well as contentious salary disputes, Air India had got the ministry of labour and Eemployment to change the classification of a pilot as a ‘workman’ (under section 2 (s) of the Industrial Disputes Act 1947) arguing that their role was supervisory in nature as they were in charge of crews.

Now commanders are no longer in the ‘workman’ category and the airline can change their service conditions. That gives airlines more leeway to deal with “spoilt” pilots. So DGCA’s continued interference in what is essentially an airline HR’s job is inexplicable.

The timing’s odd The timing of the new rule is also odd. Aviation consultancy CAPA has noted it will impact expansion, forward planning and increase costs of several airlines. Some industry insiders feel it is to make sure that the Prime Minister’s pet Regional Connectivity Scheme is not impacted by too many pilots deserting their airships or flying off to other shores.

The issue of the shortage of pilots is, of course, grim. Canadian firm CAE released a study this year which said the world will need 2,55,000 new airline pilots by 2027 by when it expects global commercial fleets to add anywhere between 12,000 to 37,000 new aircraft. The study notes that Asia-Pacific especially faced more of a crisis with aviation in China and India growing rapidly. In India, Spicejet, Indigo, GoAir and Jet Airways will together add 800 new planes, going by their order books.

Several airlines have tried using expat pilots to tide over the shortage of commanders — though that too is a contentious issue with Indian pilots’ unions alleging discrimination in wages and working conditions, besides of course, the issue of security clearances.

Anyway, the expat pilots have to be phased out by 2018. But the best way to address the talent issue is to train more young pilots and groom them for the future. Can DGCA build incentives for training?

The one-year notice period rule could backfire and lead to mayhem in the skies as pilots are gearing up to protest and go to court. They do seem to have a good case.

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