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In Hangzhou, as in the rest of China, the laws governing hiring and firing are primarily influenced by the national labor laws and regulations. This includes the Labor Law of the People's Republic of China, the Labor Contract Law, and various local regulations applicable to Hangzhou and the broader Zhejiang Province. These laws are designed to protect both the rights of employees and the interests of employers, creating a balance for working relationships. They include provisions on work contracts, collective bargaining, termination procedures, severance pay, and dispute resolution mechanisms.
Companies and individuals may require legal help with hiring and firing for several reasons. Misunderstandings or disputes over employment contracts can lead to the need for legal interpretation. Layoffs and terminations may necessitate legal involvement to ensure compliance with the law and to avoid potential claims of wrongful dismissal or discrimination. Additionally, the complexities of local and national employment laws require expertise that a specialized lawyer provides, ensuring that all procedures are handled fairly and lawfully.
The key aspects of local laws in Hangzhou that are particularly relevant to Hiring & Firing include:
Employers can terminate employees if they fail their probation, violate company rules, commit misconduct, redundancies occur, or are unable to return to work after a non-work related injury. However, there must be clear evidence, and the employer must follow due process.
Yes, severance pay is generally required when employees are terminated without cause. There is a formula for calculating the amount based on years of service and the employee's salary.
No changes to an employment contract can be made unilaterally in Hangzhou. Both parties must agree to any amendments to the terms of the employment contract.
Employees on probation enjoy largely the same rights as regular employees and cannot be dismissed without cause. However, notice periods and severance pay may differ.
Yes, but employers must have just cause and follow the proper legal procedures to terminate employment even under fixed-term contracts.
While many of the same laws apply, foreign employees may have additional protections and stipulations within their work contracts, and these must be respected alongside national laws.
Unfair dismissal can be contested through arbitration with labor dispute committees, and further legal action may be pursued if arbitration is unsuccessful.
The standard statutory notice period is 30 days, or one pay period, but this may be extended under certain circumstances.
Yes, employees can be dismissed for consistent poor performance, but employers must show that they provided feedback and opportunities for improvement before dismissal.
Chinese labor law provides strong protection for pregnant employees, and termination of employees due to maternity is unlawful expect under specific circumstances unrelated to the pregnancy.
For those seeking legal advice on hiring and firing in Hangzhou, resources like the Hangzhou Labor and Social Security Bureau and the Hangzhou Arbitration Commission can be valuable starting points. Additionally, the Hangzhou Bar Association can assist in finding qualified labor and employment lawyers.
If you require legal assistance with hiring or firing matters, consider the following steps:
