Find useful legal information for your business in China!

120.Can my employer fire me for my misconduct?

120.Can my employer fire me for my misconduct?

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?[…]

121.My company is experiencing business hardship. Can we reduce workforce for survival?

121.My company is experiencing business hardship. Can we reduce workforce for survival?

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?[…]

122.My employer terminates my employment contract on the ground of major changes in objective situation. Is it legal?

122.My employer terminates my employment contract on the ground of major changes in objective situation. Is it legal?

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?[…]

123.What are the differences between terminations due to economic redundancy and the major changes in objective situations?

123.What are the differences between terminations due to economic redundancy and the major changes in objective situations?

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?[…]