發表于：2015-08-11 04:24:36|來源：Baker & MCKenzie|點擊：
When an Employer is to terminate an employment contract unilaterally, it shall give the Trade union advance notice of the reason therefore. If the Employer violates laws, administrative statutes or the employment contract, the Trade union has the right to demand that the Employer rectify the matter. The Employer shall study the Trade union’s opinions and notify the Trade union in writing as to the outcome of its handling of the matter.
An employment contract shall end if:
(1) Its term expires;
(2) The Employee has commenced drawing his basic old age insurance pension in accordance with the law;
(3) The Employee dies, or is declared dead or missing by a People’s Court;
(4) The Employer is declared bankrupt;
(5) The Employer has its business license revoked, is ordered to close or is closed down, or the Employer decides on early liquidation; or
(6) Another circumstance specified in laws or administrative statutes arises.
If an employment contract expires and any of the circumstances specified in
Article 42 hereof applies, the term of the employment contract shall be extended until the relevant circumstance ceases to exist, at which point the contract shall end. However, matters relating to the ending of the employment contract of a Employee who has lost or partially lost his capacity to work as specified in item (2) of Article 42 hereof shall be handled in accordance with state regulations on work-related injury insurance.
In any of the following circumstances, the Employer shall pay the Employee severance pay:
(1) The employment contract is terminated by the Employee pursuant to Article 38 hereof;
(2) The employment contract is terminated after such termination was proposed to the Employee by the Employer pursuant to Article 36 hereof and the parties reached agreement thereon after consultations;
(3) The employment contract is terminated by the Employer pursuant to Article 40 hereof;
(4) The employment contract is terminated by the Employer pursuant to the first paragraph of Article 41 hereof;
(5) The employment contract is a fixed–term contract that ends pursuant to item (1) of
Article 44 hereof, unless the Employee does not agree to renew the contract even though the conditions offered by the Employer are the same as or better than those stipulated in the current contract;
(6) The employment contract ends pursuant to item (4) or (5) of Article 44 hereof;
(7) Other circumstances specified in laws or administrative statutes.
● 中華人民共和國勞動合同法（英文版） ( 2015-08-11 )