Answer: See the following national regulations, judicial decisions, and local regulations of Guangdong Province, Liaoning Province, Fujian Province, Jiangsu Province, Sichuan Province, and Chongqing Municipality. Article 75 of the Ministry of labor (1995) No. 309 file stipulates that retirement age and condition for employees who transitioned from former worker position to current cadre or technicalRead more about 114.What are the current national and local regulations and referable case law on retirement age?[…]

Answer: This is a rather complicated legal issue in law and practice. Article 44 of the Employment Contract Law stipulates that if a worker begins to receive basic pension insurance benefits in accordance with the law, the employment contract shall be terminated. However, Article 21 of the Regulations on the Implementation of the Employment ContractRead more about 115.Can an employer terminate an employee who has reached retirement age?[…]

Answer: The Employment Contract Law prohibits employers from terminating employees during their medical care leave, and also stipulates that in principle employment contracts shall be terminated when the employee reaches the retirement age. There is no legal provisions on how to deal with the special situation when the employee reaches the retirement age during theirRead more about 116.Can an employer terminate an employee who has reached retirement age during their medical care leave?[…]

Answer: Your employers now cannot terminate the employment contract on the ground of contract expiration. Article 42 of the Employment Contract Law stipulates that employers must not terminate employment contract if an employee is ill or suffer from non-work-injury and is in their prescribed medical care leave. Different from employee reaching the retirement age, whenRead more about 117.My medical care leave does not expire, but my fixed term employment contract does. Can my employer terminate the employment contract?[…]

Answer: Medical treatment allowance is an additional subsidy for employees who leave their roles due to illness or non-work-related injury, and the amount is not less than six months’ wages. The two preconditions for employers to pay the medical treatment allowance to employee are that the employer terminate the employee on the ground of theRead more about 118.Under what circumstances should our company pay medical treatment allowance to our employees?[…]

Answer: Article 43 of the Employment Contract Law stipulates that employers must notify trade union if they intend to unilaterally terminates an employee’s employment contract. The terminations include the terminations under Article 39 of the Employment Contract Law, for serious violation of company rules, invalid contract, multiple employment relationships, termination in probation period, gross negligenceRead more about 119.How should my company handle the procedure of notifying trade union when terminating an employee?[…]

Answer: An employer terminating an employee on the ground of serious violation of company rules is the severest disciplinary punishment. The employer’s dismissal must meet three conditions to qualify as legal dismissal: the first is the existence of effective company rules or contractual agreement or professional ethics (“Rules”); the second is the establishment of theRead more about 120.Can my employer fire me for my misconduct?[…]

Answer: Your company wanting to reduce the number of employees because of economic hardship may constitutes an economic redundancy. Economic redundancy refers to the situation provided in Article 41 of the Employment Contract Law, where an employer can legally lay off employees when facing severe business hardship. According to this regulation, economic redundancy bears threeRead more about 121.My company is experiencing business hardship. Can we reduce workforce for survival?[…]

Answer: Major change in objective situation, as stipulated in Article 40 of the Employment Contract Law, refers to the circumstance where the objective situation on which the employment contract(s) is based has changed significantly, rendering it impossible to implement the employment contract(s), and subsequently the employer and the employee have failed to reach an agreementRead more about 122.My employer terminates my employment contract on the ground of major changes in objective situation. Is it legal?[…]

Answer: The major changes in objective situation we usually refer to is the one under Article 40 (3) of the Employment Contract Law, by which employers may terminate their employees in case of major changes in objective situation and subsequent failure of negotiation, rather than the confusing major changes in objective situation under Article 41Read more about 123.What are the differences between terminations due to economic redundancy and the major changes in objective situations?[…]