Verified China lawyer
Yunqing Peng
Employment & Labor lawyer in Jiangxi · Wrongful Termination
About
Profile
Yunqing Peng is a practicing attorney focusing on Wrongful Termination matters.
Practice Focus
Terminations outside these statutory grounds constitute wrongful termination. Practice Focus Employment Law and Wrongful Termination Yunqing Peng is an employment and labor lawyer based in Shangrao, northeastern Jiangxi. Peng represents both employers and employees in a wide range of labor disputes, with particular focus on wrongful termination, employment contract compliance, and workplace discrimination matters. Wrongful Termination Under Chinese Law China's Labor Contract Law provides strong protections for employees against arbitrary dismissal. ⚖️ Summary Dismissal Applicable only for material breach of contract, criminal liability, or gross negligence causing substantial harm. Applicable for illness/injury, incompetence after training, or fundamental change in circumstances. In practice, most wrongfully terminated employees choose monetary compensation rather than reinstatement. The Shanghai Higher People's Court has held that employers who fail to follow the statutory procedure of notifying the labor union before termination lose the right to claim the termination was lawful, even if substantive grounds exist. Employment Contract Compliance Ms. Workplace Discrimination and Harassment Under China's Labor Law and the Civil Code, employees are protected against discrimination based on ethnicity, race, gender, religion, and disability. Peng handles discrimination claims and has particular expertise in sexual harassment cases under the new provisions of the Civil Code, which impose an affirmative duty on employers to prevent and address workplace harassment. Where local counterparties rely on relationship pressure, I re-anchor discussions to contract text, statutory rights, and verifiable performance records. Burden of proof rests on the employer. 💰 Severance Calculation One months salary for each full year of service, with fractions of a year counted proportionally. Caps apply for high-earning employees. Remedies for Wrongful Termination When a termination is found to be unlawful, the employee has two options: reinstatement to the original position, or double severance (2N) as compensation. She also assists with workforce reduction planning (layoffs) that comply with the statutory consultation and reporting requirements.
China employment and labor law covers employment contracts, termination procedures, social insurance, work injury compensation, and non-compete agreements. Yunqing Peng advises both employers and employees on compliance, dispute prevention, and resolution strategies.
- ⚖️ Written scope and remedy map agreed before substantive work begins
- 📜 Bilingual document control with translation and verification plan
- 🛡️ Deadline and limitation tracking with clear escalation triggers
- 💼 Settlement and enforcement options evaluated in parallel
Foreign employers in China should ensure employment contracts comply with PRC labor law, establish clear termination and severance policies, and maintain proper social insurance and housing fund registrations for all employees.
Local Practice in Shangrao
Yunqing Peng practices in Shangrao, Shangrao. Local administrative practice in Jiangxi can affect filing logistics even when national statutes are uniform. Yunqing Peng monitors implementation details relevant to Wrongful Termination matters and coordinates with notaries, translators, and technical experts when required. File management emphasizes version control for bilingual drafts and hearing calendars. Clients receive periodic status updates with deadlines and decision points requiring business instructions.
Yunqing Peng does not promise case outcomes. The commitment is disciplined process, candid risk assessment, and advocacy within PRC law and professional rules. Fee arrangements and confidentiality boundaries are confirmed before substantive drafting. Clients receive periodic status updates with deadlines and decision points requiring business instructions.
Practice
Practice areas
Location
Service city
Credentials
Professional credentials
| Law firm | Shangrao Employment Law Associates |
|---|---|
| Years of experience | 11+ years |
| Languages | English, Mandarin Chinese |
| License number | 13101201200277762 |
| Bar association | Jiangxi Bar Association |
| Bar admission | Admitted 2012 |
| Law school | Tsinghua University |
| City | Jiangxi |
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