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China
 


Source and scope of regulations - 2017    

References
  • 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 »)
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: civil/public servants

Types of employment contracts - 2017    

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Maximum probationary (trial) period: 6 month(s)

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation
  • Maximum number of successive FTCs: 2
  • Maximum cumulative duration of successive FTCs: 10 year(s)

Substantive requirements for dismissals (justified and prohibited grounds) - 2017    

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Obligation to provide reasons to the employee: No

Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons

Prohibited grounds: marital status; pregnancy; maternity leave; temporary work injury or illness; race; sex; religion; nationality/national origin; age; trade union membership and activities; disabilities; ethnic origin

Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; confirmed injured workers; older workers/workers on the verge of retirement; workers on temporary leave following an occupational disease or a work injury

Procedural requirements for individual dismissals - 2017    

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Notification to the worker to be dismissed: written

Notice period:
    • 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

    Notification to the public administration: No

    Notification to workers' representatives: Yes

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2017    

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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.

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

    Notification to the public administration: Yes

    Notification to workers' representatives: Yes

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

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

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

    Priority rules for re-employment: Yes

    Severance pay and redundancy payment - 2017    

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    Severance pay:
    • tenure ≥ 6 months: 1 month(s)
    • tenure ≥ 9 months: 1 month(s)
    • tenure ≥ 1 year: 1 month(s)
    • tenure ≥ 2 years: 2 month(s)
    • tenure ≥ 4 years: 4 month(s)
    • tenure ≥ 5 years: 5 month(s)
    • tenure ≥ 10 years: 10 month(s)
    • tenure ≥ 20 years: 20 month(s)
    Redundancy payment:
    • tenure ≥ 6 months: 1 month(s)
    • tenure ≥ 9 months: 1 month(s)
    • tenure ≥ 1 year: 1 month(s)
    • tenure ≥ 2 years: 2 month(s)
    • tenure ≥ 4 years: 4 month(s)
    • tenure ≥ 5 years: 5 month(s)
    • tenure ≥ 10 years: 10 month(s)
    • tenure ≥ 20 years: 20 month(s)

    Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2017    

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    Compensation for unfair dismissal - free determination by court: No

    Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
    Twice the rate of the severance pay

    Reinstatement available: Yes

    Preliminary mandatory conciliation: No

    Competent court(s) / tribunal(s): ordinary courts

    Existing arbitration: Yes

    Source of additional information - 2017    

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