Note: it is not common to enter into a redundancy contract between the company and the employee in the event of the employee`s resignation. However, the company and the employee may be required to arrange for the termination of the employment relationship and to resolve all outstanding issues by concluding this agreement. The following specific categories of workers cannot be terminated in the event of collective dismissals or above grounds requiring 30 days` notice. In addition, they cannot be terminated at the expiry of a fixed-term contract. However, they may continue to be terminated by mutual agreement or terminated immediately as a result of prohibited behaviour. In the following cases, the employer must pay both severance pay, 30 days` notice or a full monthly salary. Before terminating the contract, the employer must check whether continuing education is not sufficient. If training allowed the worker to continue to meet his obligations, that is not grounds for dismissal. It is also recommended that the employer verify that a transfer of employment prior to dismissal is not an appropriate solution. A judge may wish that the employer attempted to transfer the worker to another acceptable position prior to the dismissal. In the event of termination without notice, a 30-day period is required.
The severance pay is also calculated on the basis of the location and the average monthly salary of employees in the region, which limits the severance pay to three times that amount. The severance pay can also be negotiated in the event of an out-of-court termination. If you are recruited in China, how will you know the right redundancy process, notice periods and employee severance pay? This guide gives you an overview of the basic rules, but at some point you may need specialized advice to avoid problems with the authorities. If the needs of the company for which the employee was hired are no longer relevant, the employer has the right to close the position. A radical change in market conditions may require such a decision. However, before terminating the employee, the company must first try to modify the duties of the position to meet the needs of the company, while maintaining a role for the person who has been hired. An employer should be willing to prove to a judge or official evidence that it has attempted to change the position to meet other business needs or to transfer the employee before dismissal. However, it requires a fixed shape. Therefore, regardless of who says who, you should comply with all the essential formal requirements and rules when dismissing and avoid so-called technical errors: a major compliance problem for multinationals is the management of the dismissal of foreign workers. Failure to comply with local guidelines can have consequences for the company, such as Z.B.
fines, employee payments and even reinstatement. The dismissal process itself in China includes the union to ensure that there are legitimate reasons, that the necessary redundancies are terminated and that they pay severance pay. Even if notice is required for a valid dismissal, the employer is not obligated to provide the worker with a reason for dismissal. Can labour authorities prevent dismissal without notice? This type of dismissal requires a reason based on the worker`s benefit or misconduct, including: if there are less serious grounds for dismissal, 30 days` notice is required for the employee, as well as the dismissal resulting in the following situations: After the termination of the employment, employers are required to give dismissals to dismissed workers and inform them of their right to unemployment insurance.