Yixuan Li

Yixuan Li is a Chinese employment lawyer practicing in Longyan, Fujian Province, specializing in labor and employment law with a focus on wrongful termination and employment dispute resolution. He graduated from China University of Political Science and Law and was admitted to the Fujian Bar in 2014. Attorney Li has represented over 200 clients in labor arbitration proceedings and employment-related litigation across Fujian. He serves on the Labor Law Committee of the Longyan Lawyers Association and has published articles on foreign employee rights under Chinese labor law.

Employment law in China is primarily governed by the Labor Law of the People's Republic of China, the Labor Contract Law, and the Social Insurance Law. The Labor Contract Law, effective January 1, 2008, and amended in 2013, provides the primary legal framework for employment relationships in China, including contract formation, performance, modification, termination, and post-employment obligations. Under Chinese law, employment contracts must be in writing and must include essential terms such as the term of the contract, job description, work location, working hours, remuneration, social insurance, and labor protection conditions. Failure to execute a written labor contract within one month of the employee's start date results in the employer being required to pay double wages for the period of non-compliance.

Wrongful termination under Chinese law occurs when an employer terminates an employment contract without a legally valid reason or without following the proper procedures. The Labor Contract Law provides specific grounds for termination by the employer, including: the employee is confirmed to be incompetent during the probation period, the employee materially breaches the employer's rules and regulations, the employee causes material damage to the employer through serious dereliction of duty, the employee has established an employment relationship with another employer that materially affects the performance of their duties, the employee's contract is based on fraud or duress, or the employee is criminally liable. For no-fault termination in cases of economic restructuring or operational difficulty, the employer must follow a specific procedure, including giving 30 days notice or paying one month's salary in lieu of notice, and paying severance compensation. Terminations that do not meet these statutory grounds may be challenged as wrongful.

Foreign employees working in China are subject to the same labor law protections as Chinese employees, with certain additional requirements under immigration law. Foreign workers must hold a valid work permit and residence permit for the purpose of employment, and the work permit must be sponsored by their employer. If the employment relationship is terminated, the employer must cancel the work permit and notify the immigration authorities, and the foreign employee must either obtain a new work permit with a different employer or depart China. Under Chinese labor law, foreign employees are entitled to the same severance compensation upon termination as Chinese employees, calculated as one month's salary for each full year of service, with additional compensation for partial years. Foreign employees are also entitled to social insurance coverage, including pension, medical, unemployment, work-related injury, and maternity insurance, although China has entered into bilateral social insurance agreements with certain countries that may exempt foreign employees from certain contributions.

The labor dispute resolution process in China follows a mandatory arbitration-before-litigation framework. Disputes must first be submitted to the Labor Dispute Arbitration Commission in the jurisdiction where the employment contract is performed. The arbitration commission must render a decision within 45 days of accepting the case, extendable by 15 days in complex cases. Either party may appeal the arbitration award to the People's Court within 15 days of receiving the award. The statute of limitations for filing a labor arbitration claim is one year from the date the party knew or should have known that their rights were infringed. Attorney Li advises both employers and employees to attempt mediation through the enterprise-level labor dispute mediation committee before proceeding to formal arbitration, as mediated settlements are generally faster and less costly than arbitration.

Practical steps for foreign employees facing termination in China include: retaining all employment documents including the labor contract, salary slips, attendance records, and any written communications with the employer regarding the termination, consulting with an employment lawyer within the one-year statute of limitations, filing a labor arbitration claim before the applicable deadline, and coordinating with the employer on the cancellation of the work permit and the transition of the residence permit. Foreign employees should also be aware that non-compete clauses in employment contracts are enforceable under Chinese law if they are limited in scope, territory, and duration to two years, and if the employer provides monthly compensation during the non-compete period at a rate of not less than 30% of the employee's average monthly salary over the preceding 12 months.

Employment Risk System — Yixuan Li

I convert complex Chinese procedure into a dated checklist with owners for translation, notarization, and internal sign-off across time zones.

I plan enforcement first—assets, licenses, receivables, and interim measures—so strategy is not limited to winning on paper.

Employment and labor matters require three coordinated workstreams: employment contract and handbook review, factual chronology of the employment relationship, and remedy assessment under PRC Labor Contract Law.

• ⚖️ Written scope and remedy map
• 📜 Bilingual document control
• 🛡️ Deadline and limitation tracking
• 💼 Enforcement and settlement options in parallel

Cross-Border Coordination for Yixuan Li

I prefer early written notices and clean evidence indexes over informal WeChat-only chains when the amount or regulatory exposure is material.

I convert complex Chinese procedure into a dated checklist with owners for translation, notarization, and internal sign-off across time zones.

For employment matters, foreign clients typically need three coordinated workstreams: employment contract and policy review, factual chronology of the employment relationship, and remedy assessment under PRC Labor Contract Law.