China Employment Law Network
Shanghai Business Lawyer
Section C: Termination of the employment contract

• In my contract it says that this employment contract may be terminated at will by each party upon prior notice of 3 months. Is this legal?
Answer:

It is illegal. According to Chinese Labor Law, the employee may terminate the employment contract at will by giving prior notice of one (1) month. However, once the probation period expires, the employer can only terminate the employment contract under certain statutory circumstances.


• Do employees need to give notice of their resignation to their employer? How long should the notice period be?
Answer:

Yes, employees need to give written notice of their resignation to their employer. The notice period is one (1) month.


• If my employer dismisses me illegally or unfairly, what can I do?
Answer:

Firstly you need to request a formal notification of the dismissal in writing. You may choose to negotiate with your employer and ask them to reinstate you or pay double compensation. If you can not reach an agreement, you may file an arbitration claim against your employer.

If you need any help with your case, our lawyers will be happy to provide you with their professional legal services.


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