The regulation of dismissal in China: Diverging standards of serious breach dismissal and the need for reform

Peter C.H. Chan

doi:10.1080/09615768.2023.2135978

The regulation of dismissal in China: Diverging standards of serious breach dismissal and the need for reform

Peter C.H. Chan^*

^*Corresponding author for this work

School of Law

Research output: Journal Publications and Reviews › RGC 21 - Publication in refereed journal › peer-review

1 Citation (Scopus)

Abstract

This article describes the origin and development of China's dismissal legislation and local regulations. It identifies the quasi-federal nature of the Chinese dismissal system. The article then examines the legal framework of dismissal in China, focusing on dismissal types, grounds for lawful dismissal, employer obligations in terminating employment, and the remedies. The article focusses on the most important and controversial dismissal type: dismissal for breach of the employer's internal regulations under Article 39(2) of the LCL. It analyses the diverging court practices and the local regulation of this type of dismissal. Finally, the article calls for a unified system to govern unlawful dismissal and considers how ILO Convention 158 can aid in refining China's dismissal system. © 2022 School of Law, King’s College London

Original language	English
Pages (from-to)	208-227
Journal	King's Law Journal
Volume	33
Issue number	2
Online published	23 Oct 2022
DOIs	https://doi.org/10.1080/09615768.2023.2135978
Publication status	Published - 2022

Funding

The work described in this article was fully supported by a grant from the Research Grants Council of the Hong Kong Special Administrative Region, China (Project No. CityU 11602719

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 8 Decent Work and Economic Growth

Research Keywords

Chinese labour law
ILO Convention 158
reform
serious breach dismissal
Unlawful dismissal

RGC Funding Information

RGC-funded

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10.1080/09615768.2023.2135978

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4589872

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Cite this

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title = "The regulation of dismissal in China: Diverging standards of serious breach dismissal and the need for reform",

abstract = "This article describes the origin and development of China's dismissal legislation and local regulations. It identifies the quasi-federal nature of the Chinese dismissal system. The article then examines the legal framework of dismissal in China, focusing on dismissal types, grounds for lawful dismissal, employer obligations in terminating employment, and the remedies. The article focusses on the most important and controversial dismissal type: dismissal for breach of the employer's internal regulations under Article 39(2) of the LCL. It analyses the diverging court practices and the local regulation of this type of dismissal. Finally, the article calls for a unified system to govern unlawful dismissal and considers how ILO Convention 158 can aid in refining China's dismissal system. {\textcopyright} 2022 School of Law, King{\textquoteright}s College London",

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AB - This article describes the origin and development of China's dismissal legislation and local regulations. It identifies the quasi-federal nature of the Chinese dismissal system. The article then examines the legal framework of dismissal in China, focusing on dismissal types, grounds for lawful dismissal, employer obligations in terminating employment, and the remedies. The article focusses on the most important and controversial dismissal type: dismissal for breach of the employer's internal regulations under Article 39(2) of the LCL. It analyses the diverging court practices and the local regulation of this type of dismissal. Finally, the article calls for a unified system to govern unlawful dismissal and considers how ILO Convention 158 can aid in refining China's dismissal system. © 2022 School of Law, King’s College London

KW - Chinese labour law

KW - ILO Convention 158

KW - reform

KW - serious breach dismissal

KW - Unlawful dismissal

UR - https://www.scopus.com/pages/publications/85140790273

UR - https://www.scopus.com/pages/publications/85140790273#tab=impact

U2 - 10.1080/09615768.2023.2135978

DO - 10.1080/09615768.2023.2135978

M3 - RGC 21 - Publication in refereed journal

SN - 0961-5768

VL - 33

SP - 208

EP - 227

JO - King's Law Journal

JF - King's Law Journal

IS - 2

ER -

The regulation of dismissal in China: Diverging standards of serious breach dismissal and the need for reform

Abstract

Funding

UN SDGs

Research Keywords

RGC Funding Information

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GRF: Protecting Employees from Unfair Dismissal in Chinese Courts: An Empirical Study on Serious Breach Dismissal Cases

Cite this

The regulation of dismissal in China: Diverging standards of serious breach dismissal and the need for reform

Abstract

Funding

UN SDGs

Research Keywords

RGC Funding Information

Access Output

Other Access Options

Permanent Link

Other Files and Links

Fingerprint

Projects

GRF: Protecting Employees from Unfair Dismissal in Chinese Courts: An Empirical Study on Serious Breach Dismissal Cases

Cite this