Legal Question in Employment Law in China

I am a foreigner working for a Chinese company. In my employment contract it is written that I should give a 3 month notice for resignation. However, I would now like to leave earlier (1-2 months) and I want to know if legally the company can hold me to a 3 month minimum. Is it true that legally only 1 month notice is required?

Asked on 3/31/12, 6:21 pm

2 Answers from Attorneys

lei mawei Shaanxi Hebaohu Law Firm

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Yes,it's true that only 1 month notice is required by the Employment Contract Law of P.R.C.

Answered on 3/31/12, 11:24 pm

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Freda Liu

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Hi your understanding is correct that only one month notice is required, but I'd like to make supplement. Since you are an expatriate, the case will be a bit different. Did you sign the contract with this Chinese company or not? If yes, then you will be treated as Chinese employees. If not, you'd better have your contract checked by a lawyer. I noticed your post code, which indicates that you are in Taicang, Suzhou. For an expatriate, it could be a different case to enforce the employment contract, and the enforcement varies in different provincial area.

Please feel free to contact me if you have more queries.

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Answered on 3/25/13, 8:49 pm

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