Keywords: employee dismissal in China | foreign-invested enterprise employment | employment contract termination | China labour arbitration
Illustrative scenario
A foreign business’s China subsidiary finds that an employee repeatedly breached internal rules and sent client information externally. Headquarters wants immediate dismissal, but the employee objects. Emails exist, while the lawful adoption and communication of the employee handbook remain unclear.
How a China lawyer can assist
We can review the employment contract, procedures for adopting and communicating rules, the alleged misconduct and evidence, and assess unilateral termination, alternative measures and potential liability for unlawful dismissal. Whether misconduct is serious depends on the rules, facts and applicable requirements.
We can help develop a China-law-compliant investigation and evidence preservation plan, review notice and procedural requirements, negotiate termination, and represent clients in labour arbitration and litigation where conditions are met. For ongoing compliance, we can review handbooks, employment contracts, confidentiality and non-compete arrangements, including role, duration and compensation requirements.
Before deciding to terminate, engage us to assess the specific evidence and applicable Chinese law, or to prepare a rights-protection plan.