Wrongful Termination Lawyers in China

A termination review should begin by identifying whether the employment ended through employee resignation, mutual separation, expiry or another statutory termination event, employer dismissal for misconduct, incapacity or changed circumstances, economic layoff, or an alleged constructive or forced exit. The legal basis, burden of proof, notice, consultation, protected-status restrictions, economic compensation, unlawful-termination exposure, reinstatement risk, and evidence differ across those routes.

Questions that change the route

What event and legal basis ended—or is proposed to end—the contract?

Record the employing entity, contract type and term, role and workplace, service history, proposed effective date, stated ground, decision-maker, resignation or negotiation history, and whether the case concerns misconduct, performance, illness or injury, major change, redundancy, expiry, retirement, business closure, or another event.

Can the employer prove both a valid ground and a fair documented process?

Test the lawfully adopted and communicated rule, job standard, contemporaneous facts, investigation, employee response, consistency, training and support, warnings, reassignment or contract-change efforts, medical and work-capacity material, union notice where required, protected period, approvals, notice or payment in lieu, and accuracy of the written termination certificate.

What money, continuation, and post-exit obligations remain?

Calculate wages, overtime, leave, bonus and commission, expenses, social insurance, economic compensation or damages, restrictive-covenant payments, equity or incentive treatment, property and records return, confidentiality and IP, immigration effects, handover, non-disparagement, release scope, arbitration deadline, mitigation, reinstatement and settlement implementation.

Evidence to organize first

• Employment contract and amendments, handbook and adoption/communication record, job description, entity and reporting lines, payroll and social-insurance history, service dates, protected-status and leave information
• Performance, attendance, conduct, investigation, complaint, warning, training, accommodation, medical and work-capacity records; messages and meeting notes; comparator decisions; employee response; union and approval records
• Resignation, separation or termination communications and certificate, notice calculations, compensation and final-pay worksheet, incentive and restrictive-covenant documents, property and access return, handover, settlement drafts, arbitration chronology, remedy and mitigation evidence

Official orientation sources: Labor Contract Law (2012 revision) · Implementing Regulation of the Labor Contract Law. Source check: 8 October 2026.