Termination by the Employee

Last updated: Aug 2020
The HR Regulations Guide for Foreign Companies in China

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Regulations in China change relatively frequently. For the most up-to-date regulations, please check in with us.

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From a legal standpoint, employment termination is considered quite complicated. Therefore, termination procedures must be conducted with expert guidance. Chinese law prohibits unilateral employee dismissal or dismissal without good reason. As an employer, you should be aware of your employees’ rights. You should also be aware of what they can and cannot do if and when they decide to terminate their employment contracts.

Among our many fields of expertise, PTL Group specializes in HR services in China. We’d like to share our important knowledge with you. The following article discusses termination by the employee.

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Termination by the Employee

An employee may terminate his or her employment contract (giving 30 days prior notice and severance payment is due):

  • When the employer fails to provide employment protection or work conditions in accordance with the employment contract
  • When the employer’s rules violate laws or regulations and harm the employee’s rights and interests
  • When the employer fails to pay the full salary on time, including social benefits as required by law
  • When the employer has used deception or coercion, or has taken advantage of the employee’s difficulties, to force the employee to end the employment contract, or to make an amendment in the contract
  • Any other reasons specified in other laws and regulations

Exceptions

  • An employee who resigns during the probation period must give the employer 3 days prior notice.
  • Employees can immediately dissolve the labor contract without notifying the employer, for the following reasons:
  • The employer has forced the employee to work through violence, threats or an illegal restriction of his or her personal freedom
  • The employer illegally commands or forces an employee to perform dangerous operations which may endanger his or her personal safety.

Regulations in China change relatively frequently. For the most up-to-date regulations, please check in with us.