What's illegal termination of labour contract?


China Tips

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"My employer terminated the contract without any notification, is it illegal?","I was fired illegally,what can I do ?" foreign friends often ask us such kind of questions and want us to help them to deal with their problems.

According to labour laws of China, it's illegal if the termination by the employer violates the law. The Labour Contract Law of China has listed the conditions under which can the contract be ended. But, it's not easier for foreigners to understand it.

For instance, lots of labour contracts between foreign employees and employers say that one or two-months notification in advance is needed to terminate the contract. However, it doesn't mean all terminations with immediate effect are illegal.

The Art. 39 states that, if the employee violates rules of the employer seriously, the latter can terminate the contract. It doesn't say the employer should notify the employee certain time in advance. The aforesaid article also says that , if the employee is hired by other employers ,which badly affects his or her current work, the employer can end the contract.

Therefore, the employer doesn't have to notify the employee about the termination always.

The Art.39 is about the termination when the employee has fault. Nonetheless, the employer can't terminate the contract at it wish. If they want to fire you on the execuse that you have fault, they have to prove it.

For example, If the employer claims that you have been late for sometimes which violates rules of company so that they will fire you, they have to prove that they have told you about rules of the company and being late violates rules. Meanwhile, the violation should be serious. If you are only late several minutes for once, your employer can't fire you for this. Otherwise, it's illegal termination. You can claim compensation.