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> GOVERNANCE - home > Employment protection legislation database - EPLex > China

China - Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment)


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Definition of collective dismissal (number of employees concerned):
More than 20 employees or less than 20, accounting for at least 10% of the total number of employees.

Remarks:
  • Art. 41 ECL.

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 41 ECL (30 days in advance).

Notification to the public administration: Yes

Remarks:
  • Art. 41 ECL.

Notification to workers' representatives: Yes

Remarks:
  • Art. 41 ECL (30 days in advance).

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Art. 41 ECL.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 41 ECL.

Priority rules for re-employment: Yes

Remarks:
  • Art. 41 ECL: preferential right to re-employment for 6 months.

+ show references

Definition of collective dismissal (number of employees concerned):
More than 20 employees or less than 20, accounting for at least 10% of the total number of employees.

Remarks:
  • Art. 41 ECL.

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 41 ECL (30 days in advance).

Notification to the public administration: Yes

Remarks:
  • Art. 41 ECL.

Notification to workers' representatives: Yes

Remarks:
  • Art. 41 ECL (30 days in advance).

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Art. 41 ECL.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 41 ECL.

Priority rules for re-employment: Yes

Remarks:
  • Art. 41 ECL: preferential right to re-employment for 6 months.

+ show references

Definition of collective dismissal (number of employees concerned):
More than 20 employees or less than 20, accounting for at least 10% of the total number of employees.

Remarks:
  • Art. 41 ECL.

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 41 ECL (30 days in advance).

Notification to the public administration: Yes

Remarks:
  • Art. 41 ECL.

Notification to workers' representatives: Yes

Remarks:
  • Art. 41 ECL (30 days in advance).

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Art. 41 ECL.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 41 ECL.

Priority rules for re-employment: Yes

Remarks:
  • Art. 41 ECL: preferential right to re-employment for 6 months.

+ show references

Definition of collective dismissal (number of employees concerned):
More than 20 employees or less than 20, accounting for at least 10% of the total number of employees.

Remarks:
  • Art. 41 ECL.

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 41 ECL (30 days in advance).

Notification to the public administration: Yes

Remarks:
  • Art. 41 ECL.

Notification to workers' representatives: Yes

Remarks:
  • Art. 41 ECL (30 days in advance).

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Art. 41 ECL.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 41 ECL.

Priority rules for re-employment: Yes

Remarks:
  • Art. 41 ECL: preferential right to re-employment for 6 months.

+ show references

Definition of collective dismissal (number of employees concerned):
More than 20 employees or less than 20, accounting for at least 10% of the total number of employees.

Remarks:
  • Art. 41 ECL.

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 41 ECL (30 days in advance).

Notification to the public administration: Yes

Remarks:
  • Art. 41 ECL.

Notification to workers' representatives: Yes

Remarks:
  • Art. 41 ECL (30 days in advance).

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Art. 41 ECL.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 41 ECL.

Priority rules for re-employment: Yes

Remarks:
  • Art. 41 ECL: preferential right to re-employment for 6 months.

+ show references

Definition of collective dismissal (number of employees concerned):
More than 20 employees or less than 20, accounting for at least 10% of the total number of employees.

Remarks:
  • Art. 41 ECL.

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 41 ECL (30 days in advance).

Notification to the public administration: Yes

Remarks:
  • Art. 41 ECL.

Notification to workers' representatives: Yes

Remarks:
  • Art. 41 ECL (30 days in advance).

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Art. 41 ECL.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 41 ECL.

Priority rules for re-employment: Yes

Remarks:
  • Art. 41 ECL: preferential right to re-employment for 6 months.

+ show references

Definition of collective dismissal (number of employees concerned):
More than 20 employees or less than 20, accounting for at least 10% of the total number of employees.

Remarks:
  • Art. 41 ECL.

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 41 ECL (30 days in advance).

Notification to the public administration: Yes

Remarks:
  • Art. 41 ECL.

Notification to workers' representatives: Yes

Remarks:
  • Art. 41 ECL (30 days in advance).

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Art. 41 ECL.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 41 ECL.

Priority rules for re-employment: Yes

Remarks:
  • Art. 41 ECL: preferential right to re-employment for 6 months.

+ show references

Definition of collective dismissal (number of employees concerned):
More than 20 employees or less than 20, accounting for at least 10% of the total number of employees.

Remarks:
  • Art. 41 ECL.

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 41 ECL (30 days in advance).

Notification to the public administration: Yes

Remarks:
  • Art. 41 ECL.

Notification to workers' representatives: Yes

Remarks:
  • Art. 41 ECL (30 days in advance).

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Art. 41 ECL.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 41 ECL.

Priority rules for re-employment: Yes

Remarks:
  • Art. 41 ECL: preferential right to re-employment for 6 months.

+ show references

Definition of collective dismissal (number of employees concerned):
More than 20 employees or less than 20, accounting for at least 10% of the total number of employees.

Remarks:
  • Art. 41 ECL.

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 41 ECL (30 days in advance).

Notification to the public administration: Yes

Remarks:
  • Art. 41 ECL.

Notification to workers' representatives: Yes

Remarks:
  • Art. 41 ECL (30 days in advance).

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Art. 41 ECL.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 41 ECL.

Priority rules for re-employment: Yes

Remarks:
  • Art. 41 ECL: preferential right to re-employment for 6 months.