Pedro Marco laboral Chino
Chinese Labour Framework
A simplified look at the Chinese labour framework…
Employee's One-way resolution with 30 days advanced notice time, unless the company's non-compliance obligations -such as unpaid salaries, etc. - aren’t being met or the trial period has ended.
Company's One-way resolution without advanced notice time, when the worker:
- Does not meet the requirements during the trial period.
- Has violated or breached the company's rules or discipline.
- Has committed deeds or non-compliance acts damaging the company's interests.
- Has established another labour relationship with a 3rd party affecting its job quality and performance and refuses to rectify after being warned.
- Has been charged in a criminal procedure.
Company's One-way resolution with 30 days advanced notice time:
- After a medical treatment termination, when the employee has been ill or in a sick-leave because of non-related work causes and cannot continue working in their current job or jobs approved by the Labor Committee.
- When the employee cannot work even after the training period or after changing the job position.
- When there is a significant change under the circumstances that the contract had been signed, unless both parties had negotiated suitable terms for the new circumstances.
- Labour Unions: in cases of one-way resolutions by the company, it has an obligation to inform the labour union in order to seek their opinion.
- Exception: occupational disease, pregnancy or maternity leave.
Compensations: The employee has the right of compensation (from 1 month salary/year worked in the company, up to 12 months, except for unlawful dismissals) in the following cases:
- The employer breaches the salary payment in time or quantity, or the social securities are not in accordance to the law.
- Company's One-way resolution with 30 days advanced notice time.
- Restructuring or reduction of the workforce.
- Contract terminated by agreement.
- Temporary contract termination without renewal possibilities due to lack of agreements by both sides.
Compensation is not included in the event of collective lay-offs.