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

China - Procedural requirements for individual dismissals


Procedural requirements for individual dismissals - China - 2017    

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Notification to the worker to be dismissed: written

Remarks:
  • Art. 40 ECL.

Notice period:
Remarks:
  • Art. 40 ECL: The notice period shall be 30 days regardless of the job tenure.
    • tenure ≥ 6 months
      • 30 day(s).
    • tenure ≥ 9 months
      • 30 day(s).
    • tenure ≥ 2 years
      • 30 day(s).
    • tenure ≥ 4 years
      • 30 day(s).
    • tenure ≥ 5 years
      • 30 day(s).
    • tenure ≥ 10 years
      • 30 day(s).
    • tenure ≥ 20 years
      • 30 day(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Art. 40 ECL.

    Notification to the public administration: No

    Notification to workers' representatives: Yes

    Remarks:
    • Art. 43 ECL.

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Remarks:
    • 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.