Answer: Both the Employment Contract Law and the judicial interpretation of the Supreme People’s Court stipulate that if an employee is forced to resign for a specific statutory reason, the employer is liable to economic compensation. Therefore, under what circumstances the employees is forced to resign is the key issue. Legally established forced resignations includeRead more about 106.My company received a resignation letter claiming forced resignation. Are we liable for economic compensation?[…]

Answer: Forced resignation may attract liabilities of economic compensation and damages for forced resignation. This damages is different from the punitive damages due to illegal termination of employment relationship. It refers to the liability employers must assume as stipulated in Article 85 of the Employment Contract Law: if an employer involves unjustified arrears or deductionsRead more about 107.Should employees be entitled to damages for their forced resignations?[…]

Answer: The Employment Contract Law stipulates that employers is obligated to provide the employee with the agreed-upon work conditions. They include agreed-upon work location because changing work location affect employee’commuting time and costs. Moreover, if such relocation constitutes a failure to provide the employee with the agreed-upon work conditions, the employee may be forced toRead more about 108.I had to resign due to the relocation of my employer. Am I entitled to economic compensation?[…]

Answer: The relationship between an employer and an employee often worsens before or after they end the employment. It is not uncommon that both parties accept the termination, but disagree on the cause: the employee may maintain that they were dismissed by the employer, and the employer may insist that the employee resigned. Both partiesRead more about 109.My boss fired me, but now he claims I resigned. What can I do?[…]

Answer: An employee may still liable for compensation for unlawful terminating employment relationship or violation of the agreed contractual obligations after the termination. There may be four situations: The first situation is that the employee did not resign according to the law, resulting in the loss of the employer. This situation encompasses the employee’s resignationRead more about Under what circumstances a departed employee may need to compensate the former employer?[…]

Answer: That the employee abandoned their role on the day of resignation even without conducting any necessary work handover is called urgent resignation. It may cause disruption or even losses to the employer. In contrast to restrictive damages by current employees, the liability caused by employees’ illegal termination in breach of employment contract or lawRead more about 111.On the same day an employee resigned, he left his role and caused damages. Is he liable for the damages?[…]

Answer: Penalty for training service agreement violation is the legally permissible liability for employers to recover their dedicated expenses in training employees and to penalize employees for breaches of mutual agreements on training service. In principle, the penalty for an employee’s violation of a training service agreement shall be calculated based on actually incurred trainingRead more about 112.I resigned earlier, breaching the service period set in the training service agreement. Should I compensate for it?[…]

Answer: The statutory retirement age is the age at which employees may start to receive pension benefits and employers can terminate the employment relationship with the employee in accordance with the Employment Contract Law. The national statutory retirement age for enterprise employees is 60 years for male employers, 50 years for female worker employees, andRead more about 113.How does the law stipulate the statutory retirement age?[…]

Answer: See the following national regulations, judicial decisions, and local regulations of Guangdong Province, Liaoning Province, Fujian Province, Jiangsu Province, Sichuan Province, and Chongqing Municipality. Article 75 of the Ministry of labor (1995) No. 309 file stipulates that retirement age and condition for employees who transitioned from former worker position to current cadre or technicalRead more about 114.What are the current national and local regulations and referable case law on retirement age?[…]

Answer: This is a rather complicated legal issue in law and practice. Article 44 of the Employment Contract Law stipulates that if a worker begins to receive basic pension insurance benefits in accordance with the law, the employment contract shall be terminated. However, Article 21 of the Regulations on the Implementation of the Employment ContractRead more about 115.Can an employer terminate an employee who has reached retirement age?[…]