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Liberty to terminate the contract
1. General situations
According to the Labor Contract Law of the People’s Republic of China, employees enjoy the following rights
Employees may terminate the labour contract if they give 30 days written a notice. During the probation period, employees may terminate the labour contract if they give 3 days written notice.
2. when the employer did something illegal
Employees may terminate the labour contract in the case of any of the following circumstances. Furthermore, employees can claim compensation in such situations. It means the employees can quit their job without suffering much loss.
(1) The employer fails to provide labour protection or work conditions as stipulated in the labour contract;
(2) The employer fails to pay the full amount of remunerations promptly;
(3) The employer fails to pay social security premiums for the workers according to the law;
(4) The bylaws of the employer are inconsistent with any law or regulation and impair the rights and interests of the workers;
(5) A labour contract is invalid if it is signed by way of deception or coercion, or taking advantage of the other party’s difficulties, to force the other party to conclude an employment contract, or to make an amendment thereto that is contrary to that party’s true will;
(6) Any other circumstance as prescribed by any law or administrative regulation under which the labour contract may be terminated.
Get compensation when the contract is terminated
Except for the situations we discussed in previous paragraphs, in any of the following circumstances, the employer shall also compensate the employee:
(1) Both parties agree to terminate the labour contract through negotiation;
(2) In the case of any of the following circumstances, the employer may discharge the labour contract after giving the employee 30 days written notice or after they pay the employee one extra month’s salary:
a. The employee is ill or is injured for a non-work-related reason and can’t do their original work after the expiration of the medical treatment period, and can’t do another job arranged by the employer;
b. The employee is incapable of doing their job and remains so even after the employer provides training or changes their job
(3) For some objective reason, the labour contract can’t be performed any more, such as the financial difficulties of the employer.
a. It is under revitalization in accordance with the Enterprise Bankruptcy Law;
b. The employer has their business license revoked, is ordered to close down, is discharged, or goes into liquidation before schedule;
(4) When the contract expires, unless the employer is willing to pay the same or higher salary, but the employee refuses to renew the contract;
(5) If no contract is signed from the second till the twelfth month of employment, the company will be deemed at fault and will have to compensate the employee with double salary for each month they worked for the employer.
Under the following situations, the employer cannot terminate the contract:
(1) Any worker is suffering from illness or has been injured that is irrelevant to his job, and the period of medical treatment as prescribed has not expired;
(2) Any female worker is in her pregnancy, confinement or nursing period;
The employee also has the right to get punitive compensation when the labour contract is terminated illegal, which equals two months salary for each year the employee work for the employer.
Participate in internal management
Additionally, the employees have the right to participate in the discussion over the content of employee handbook and other internal regulations， which may influence their interests and rights, which will become valid only if the majority of the employees approve it.
Source: Sophie Mao from ChinaLawHelp.com