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Human Resources and Payroll in China 2016-2017 (5th Edition) -
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4.4 Employees Not Allowed
to Be Terminated
Under the current labor law system, certain groups of people are specially protected, including:
• The employee who is suspected of having occupational disease(s) and waiting for diagnosis.
• The employee who has completely or partially lost labor capability due to 5 occupational diseases
or work injury.
• The employee who is still in the legal medical treatment period for non-work-related illness/ injury.
• The employee is pregnant, on maternity leave or in nursing period.
• The employee has continuously worked for the employer for more than 15 years and is less than
five years before retirement.
These groups of employees mentioned above are not allowed to be terminated for reasons listed
under “termination with 30 days’ notice” and “mass lay-off”. Besides, upon expiration of their labor
contracts, they are not allowed to be terminated until the corresponding circumstances extinguish
(except where the employee has completely or partly lost labor capability due to occupational
diseases or work injury. This kind of employees shall be terminated and treated in accordance with
the provisions on work injury insurance). Note: The employer can still terminate these specially
protected employees by mutual agreement or if any circumstances under “immediate termination
for inappropriate behavior of the employee” exists.
For employees specially protected by the laws and regulations
Terminate by mutual agreement
Allowed
Immediate termination for inappropriate behavior of the employee
Allowed
Termination upon 30 days’ notice
Not allowed
Mas
s lay-off
Not allowed
Terminated upon the expiration of th
e labor cont
ract
Not allowed*
* Except where the employee has completely or partly lost labor capability due to occupational disease or work injury