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You may also feel interested in:Rules on RE Purchase by Overseas Organizationzs & IndividualsPRC Civil Code: Chapter 9-Sales Contracts* Terminate the contract1. Employees may terminate the labor contract if they give 30 days written notice. During the probation period, employees may terminate the labor contract if they give 3 days written notice.2. Employees may terminate the labor contract in the case of any of the following circumstances. Furthermore, employees can claim compensation under such situations. It means the employees can quit their job without suffering much loss when the employer has done something illegal.(1) The employer fails to provide labor protection or work conditions as stipulated in the labor contract;(2) The employer fails to pay the full amount of remunerations in a timely manner;(3) The employer fails to pay social security premiums for the workers according to the law;(4) The bylaws of the employer are inconsistent with any law or regulation and impair the rights and interests of the workers;(5) A labor contract is invalid if it is signed by way of deception or coercion, or taking advantage of the other party's difficulties, to force the other party to conclude an employment contract, or to make an amendment thereto that is contrary to that party's true will;(6) Any other circumstance as prescribed by any law or administrative regulation under which the labor contract may be terminated.

*Get compensation when the contract is terminatedExcept for the situations we discussed in previous paragraphs, in any of the following circumstances, the employer shall also compensate the employee:(1) Both parties agree to terminate the labor contract through negotiation;(2) In the case of any of the following circumstances, the employer may discharge the labor contract after giving the employee 30 days written notice or after they pay the employee one extra month's salary:
a. The employee is ill or is injured for a non-work-related reason and cant do their original work after the expiration of the medical treatment period, and cant do another job arranged by the employer;
b. The employee is incapable of doing their job and remains so even after the employer provides training or changes their job(3) For some objective reason the labor contract cant be performed any more, such as financial difficulties of the employer.a. It is under revitalization in accordance with the Enterprise Bankruptcy Law;b. The employer has their business license revoked, is ordered to close down, is discharged, or goes into liquidation before schedule;(4) When the contract expires, unless the employer is willing to pay the same or higher salary, but the employee refuses to renew the contract;If no contract is signed from the second till the twelfth month of employment, the company will be deemed at fault, and will have to compensate the employee with double salary for each month they worked for the employer.
* Under the following situations, the employer cannot terminate the contract:(1) Any employee is suffering from illness or has been injured that is relevant to his job and the period of medical treatment as prescribed has not expired;(2) Any female employee is in her pregnancy, confinement or nursing period;The employee also has the right to participate in discussion over internal regulations which may influence their interests and rights, which will become valid only if a majority of the employees approve it.


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What are the Rights of Employees in China?



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You may also feel interested in:Rules on RE Purchase by Overseas Organizationzs & IndividualsPRC Civil Code: Chapter 9-Sales Contracts* Terminate the contract1. Employees may terminate the labor contract if they give 30 days written notice. During the probation period, employees may terminate the labor contract if they give 3 days written notice.2. Employees may terminate the labor contract in the case of any of the following circumstances. Furthermore, employees can claim compensation under such situations. It means the employees can quit their job without suffering much loss when the employer has done something illegal.(1) The employer fails to provide labor protection or work conditions as stipulated in the labor contract;(2) The employer fails to pay the full amount of remunerations in a timely manner;(3) The employer fails to pay social security premiums for the workers according to the law;(4) The bylaws of the employer are inconsistent with any law or regulation and impair the rights and interests of the workers;(5) A labor contract is invalid if it is signed by way of deception or coercion, or taking advantage of the other party's difficulties, to force the other party to conclude an employment contract, or to make an amendment thereto that is contrary to that party's true will;(6) Any other circumstance as prescribed by any law or administrative regulation under which the labor contract may be terminated.

*Get compensation when the contract is terminatedExcept for the situations we discussed in previous paragraphs, in any of the following circumstances, the employer shall also compensate the employee:(1) Both parties agree to terminate the labor contract through negotiation;(2) In the case of any of the following circumstances, the employer may discharge the labor contract after giving the employee 30 days written notice or after they pay the employee one extra month's salary:
a. The employee is ill or is injured for a non-work-related reason and cant do their original work after the expiration of the medical treatment period, and cant do another job arranged by the employer;
b. The employee is incapable of doing their job and remains so even after the employer provides training or changes their job(3) For some objective reason the labor contract cant be performed any more, such as financial difficulties of the employer.a. It is under revitalization in accordance with the Enterprise Bankruptcy Law;b. The employer has their business license revoked, is ordered to close down, is discharged, or goes into liquidation before schedule;(4) When the contract expires, unless the employer is willing to pay the same or higher salary, but the employee refuses to renew the contract;If no contract is signed from the second till the twelfth month of employment, the company will be deemed at fault, and will have to compensate the employee with double salary for each month they worked for the employer.
* Under the following situations, the employer cannot terminate the contract:(1) Any employee is suffering from illness or has been injured that is relevant to his job and the period of medical treatment as prescribed has not expired;(2) Any female employee is in her pregnancy, confinement or nursing period;The employee also has the right to participate in discussion over internal regulations which may influence their interests and rights, which will become valid only if a majority of the employees approve it.


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