Q:
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Under what circumstances can the company's employer unilaterally terminate the labor contract without paying the workers' economic compensation?
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A:
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If any one of the following situations befalls the employee, the employer has the right to terminate the contract at any moment without the notice in advance:
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during the probation, Party A may dismiss Party B if the latter is proved to be not qualified for employment;
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the employee seriously violates the employer’s stipulations;
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the employee has serious neglecting of duty, jobbery or leak out of important business information or causes the employer’s heavy loss;
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at the same time, the laborers establish labor relations with other employers, which seriously affects the completion of their work tasks, or refuses to make corrections upon the employer's request;
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the labor contract is invalid for Party A employs such means as deception or coercion, or taking advantage of Party B’s difficulties;
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the employee is held criminally responsible.
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Q:
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Does China ’s labor law apply to foreign employees?
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A:
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According to Article 26 of the “Regulations on the Administration of Employment of Foreigners in China”, labor disputes between the employer and the employed foreigner shall be handled in accordance with the “Labor Law of the People's Republic of China” and the “Labor Dispute Mediation and Arbitration Law of the People's Republic of China”. Therefore, China's labor law also applies to foreign employees working in China.
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Q:
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During the probation period, can the employer cancel the contract at any time if it does not meet the employment requirements?
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A:
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According to the “Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings”, the labor unit shall bear the burden of proof for the labor dispute arising from the termination of the labor contract by the employer. Therefore, the employer must provide sufficient and valid evidence to prove that the employee did not meet the employment conditions during the probation period.
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Q:
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Does the employer conceal the status of being married and infertile, and signing a labor contract with the employer, is it a fraud to conclude a labor contract with the employer?
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A:
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Generally speaking, this requirement is mostly used by employees to conceal and deceive information such as academic qualifications, work experience, and necessary qualification certificates for related positions. Regarding the personal status of whether marriage or childbirth does not actually affect the performance of the labor contract, if the employer terminates the labor contract in this way, it is difficult to obtain support.
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Q:
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What are the standards for serious misconduct, fraud in private business, and major damage to employers?
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A:
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There are currently no strict standards for major damage. Therefore, we generally recommend that employers define the definition of significant damage in the employee handbook. So that when a labor dispute occurs, the arbitration commission can determine the relevant facts.
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FAQ
