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Human Resources and Payroll in China 2016-2017 (5th Edition) -

91

4.2 Terminating During a Fixed-Term

or Non-Fixed Term Contract

Upon completion of the probation period, the employee has a greater degree of job security, at

least until the expiry of their first fixed-term contract. While the only additional requirement of the

employee is to give the employer one month’s notice if they intend to resign from the position, the

employer has a higher hurdle to overcome when terminating an employee. During a fixed-term

contract, the employment relationship could be terminated either by mutual agreement or by

unilateral termination with lawful causes, the latter including immediate termination situations and

termination with 30 days’ notice.

Termination through mutual agreement

This type of termination occurs when the employer and employee mutually agree to terminate

the relationship. If the termination is put forward by the employer, then the employee is entitled

to severance payment. More often than not, the employer would provide additional money to

the employee to obtain employee consent on separation, and there is no mandatory limit to this

additional money.