Answer: Employment law in China tends to protect the security of employment contract of special vulnerable employees. Article 42 of the Employment Contract Law stipulates that the following types of employees must not be terminated when the employer intends to terminate employment(s) due to health incompetence, ability incompetence, major changes in objective situation of employer,Read more about 124.What types of employees are entitled to special non-termination protection in employers¡¯ layoffs?[…]

Answer: The Employment Contract Law and the Labor Law both stipulate that employer can terminate the employment contract of an employee who is under criminal measures according to law. The aforementioned phrase, “under criminal measures according to law”, includes the following situations: being sentenced to fixed-term imprisonment (including those on suspension) by the courts, underRead more about 125.My employee is sentenced to imprisonment for committing a crime. Can we terminate his employment?[…]

Answer: You should first look carefully at the factual reasons and legal or institutional basis for the employer’s dismissal. If the employer dismisses you on the grounds of “gross negligence and corruption causing major losses to employer” under Article 39 of the Employment Contract Law, it is necessary to see whether you have gross negligenceRead more about 126.My employer fired me for gross negligence and corruption. Is it legal?[…]

Answer: Article 39 of the Employment Contract Law stipulates that “if an employee establishes an employment relationship(s) with aother employer(s) simultaneously, having a serious impact on the completion of their work tasks for the current employer, or refuses to make corrections after being put forward by the current employer”, the employer may terminate the employmentRead more about 127.One of my employee is also working for another company. Can we fire him?[…]

Answer: According to the Employment Contract law, economic compensation is applicable for employers to pay the employee in the following circumstances: employees are forced to resign, employment contracts expire and dissolute, employer terminates employment on the grounds of health incompetence, ability incompetence, or major changes in objective situation, or economic redundancy. The basic calculation rulesRead more about 128.How to calculate economic compensation?[…]

Answer: In case that an employers illegally terminate an employee and the employee does not elect to claim for reinstatement, the employer is liable to pay punitive damages. The calculation method for punitive damages is twice the amount of the economic compensation computed according to “How to calculate economic compensation?” (the so-called 2N punitive damages).Read more about 129.How to calculate punitive damages?[…]