Beijing’s Employment Termination Based on Objective Circumstances Changes


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China’s employment laws are location based, and this means that termination for employees may differ from one area or city to another. With changes to labor regulations, these disputes are more fair, effective and consistent for employees affected by termination through unreasonable means.

Beijing’s termination procedures were affected by employers that unfairly terminated workers based on unlawful reasons. Through the Responses to Several Issues Regarding Application of Law in Trial of Labor Disputes new labor laws, these employers are required to reinstate those terminated unfairly to a previous position unless there are certain circumstances that prevent this possibility such as the employment contract ending or a limited number of positions. The Responses laws are more employee friendly, and may provide employers a way to terminate workers when serious violations to labor disciplines or ethics occurs. This is even possible if the employment contract has no provisions for these stipulations.

The new regulations for Beijing employees and management require that if termination is imminent, the worker has been given a 30 days’ notice in writing or an additional month’s pay. This is when the employment contract between the two parties cannot be realized as is and no agreement may be reached that permits an amending to the contractual document that allows continued work. This is the significant changes in objective circumstances noted in the Responses. These are defined as specific changes which may cause the employment contract or the primary terms to become unfulfilled through a lack of performance or continued performance of the employee is not fair. This could be expensive training or another skill needed to carry out the processes.

Objective Circumstances Explained

The objective circumstances noted with the two parties must have occurred after the contract for employment was initiated and was unforeseeable when the contracted ended. Certain situations may permit these objected circumstances such as natural disasters, changes in laws procedures, regulations and legislation which caused major alterations that may include relocation, transfer of assets, production termination or modifications or change of state. This may also involve a collective or change of ownership of the employer. Another provision is a change to the scope of the business employer when connected through a franchise. With the notice, the employee may have enough time to find another job before his or her current profession ends.

Employers have sited these objective circumstances for terminating employees, but the administration within Beijing explained this is less likely possible in the future if the person was not fired for a modification of a law, regulation or procedure. This could be complicated due to the need that the employer show both that there were significant changes in objective circumstances and that the two parties could not reach an agreement with the employment contract for further work. The three elements must be proven in court, or the termination of the employee could be considered and judged as invalid and unlawful.

Termination Restrictions

The employer is not permitted to terminate worker when he or she has been exposed to hazardous materials, disease risks and occupational health concerns. If he or she has sought medical assistance or is currently in medical observation or in treatment, these are included in restrictions of termination. If the employee has contracted a disease related to or directly caused by the job or has become injured while at work, and total or partial disability exist, these are limitations for firing the worker. This also includes if the person is on medical leave for these ailments or non-work-related injuries require healthcare assistance. Other elements include pregnancy, a period of fifteen years has passed with continual work within the company and only five years are left until statutory retirement.

Some restrictions are due to certain laws or administrative regulations that apply to the circumstances. Employers often take other measures than the significant changes path due to the low-resolution rate and assurance in seeking proper terminations through this process. However, many companies may engage in mutual terminations where both parties agree upon a settlement and the claim for litigation is released. China’s employment laws may be different based on the city, but they share similarities, and the objective of helping employees is important to all.

Chinese Lawyer Help

For the changes to the employment laws, it may be most helpful to hire a Chinese lawyer. This legal professional may need to assist in negotiations between the employee and employer. If a settlement is given, the lawyer may ensure any provisions connected are satisfied.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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