China -  Chinese law firm

What is considered "unfair dismissal" in China?

Unfair dismissal occurs when an employer terminates an employee's employment for unfair or illicit reasons. In China it is illegal to dismiss a member of staff due to the following:

  • Pregnancy, nursing or maternity leave
  • Receiving prescribed treatment for illness or injury
  • Suffering from occupational diseases or work related injuries
  • Claiming violation of rules but with no evidence to back it up

These are all types of "unfair dismissal. A successful claim by an employee of "unfair dismissal" can result in restitution of damages for the loss incurred by the employee.

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