Procedural requirements for individual dismissals - China - 2017
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- Employment Contract Law [ECL], PRC President's Order No. 65.
[Please note that the ECL has been modified by the PRC Presdient's Order No. 73 in force since July 1st, 2013 - available in NATLEX]
Date: 01 Jul 2013; view website » (view in NATLEX »)
- Implementation Regulations for the PRC Employment Contract Law (2200/08/09/18).
Date: 18 Sep 2008; view website » (view in NATLEX »)
- Labour Law [LL], PRC President's Order No. 28, as last amended in 2009.
Date: 2009; view website » (view in NATLEX »)
- Employment Promotion Law [EPL], last amended by the Decision of the Standing Committee of the National People 's Congress adopted on April 24, 2015.
Date: 24 Apr 2015; view website » (view in NATLEX »)
- Labor Dispute Mediation and Arbitration Law of the People's Republic of China, effective as of 1 May 2008.
Date: 29 Dec 2007; view website » (view in NATLEX »)
- Provisions for Consultation and Mediation of Enterprise Labour Disputes (Promulgated by the Ministry of Human Resources and Social Security on November 30 2011), in force since January 1st, 2012. [in Chinese only]
Date: 30 Nov 2011 (view in NATLEX »)
Notification to the worker to be dismissed: written
- Art. 40 ECL: The notice period shall be 30 days regardless of the job tenure.
- tenure ≥ 6 months
- tenure ≥ 9 months
- tenure ≥ 2 years
- tenure ≥ 4 years
- tenure ≥ 5 years
- tenure ≥ 10 years
- tenure ≥ 20 years
Pay in lieu of notice: Yes
Notification to the public administration: No
Notification to workers' representatives: Yes
Approval by public administration or judicial bodies: No
Approval by workers' representatives: No
- However, according to art. 43 ECL, if the employer has violated the laws, administrative regulations, or provisions of the employment contract, the trade union has the right to demand that the employer rectifies the matter. The employer shall consider the trade union's opinion and notify it in writing on how it handled the matter.