Jiahao Wu is a labor and employment lawyer based in Dingxi, Gansu Province, with seven years of practice focused on employment termination matters. Mr. Wu represents both employees and employers in wrongful termination disputes, severance compensation claims, and labor arbitration proceedings. He has handled over two hundred employment termination cases and has developed a deep understanding of the complex legal framework governing employment termination under Chinese labor law.

Wrongful Termination Claims

Mr. Wu advises employees who believe they have been wrongfully terminated on their legal rights and remedies. Under the Labor Contract Law of the People's Republic of China, employers may terminate employment contracts under three categories: termination by mutual agreement, termination for cause (where the employee has committed serious misconduct), and termination without cause (where the employer exercises its right to terminate for reasons such as the employee's inability to perform, business restructuring, or expiration of the fixed-term contract). Where the employer terminates without cause, the employee is entitled to statutory severance compensation.

If the employer terminates the employment contract without a valid legal basis, the termination is considered wrongful. In such cases, the employee has the right to choose between two remedies: demanding reinstatement with back pay for the period between termination and reinstatement, or accepting the termination and claiming double the statutory severance as compensation. Mr. Wu advises clients on the strategic considerations in choosing between these remedies, including the likelihood of successful reinstatement given the employment relationship dynamics and the financial implications of each option.

Severance Compensation Calculation

Mr. Wu handles severance compensation calculations for employees across various industries and employment scenarios. Under Article 47 of the Labor Contract Law, statutory severance is calculated based on the employee's length of service and average monthly wage. The formula provides for one month's wages for each full year of service, with periods of six months or more counting as one year and periods of less than six months counting as half a year. For employees whose average monthly wage exceeds three times the local average monthly wage, the cap applies with the calculation based on three times the local average and a maximum of twelve years of service.

Mr. Wu advises on special scenarios including termination during the probation period, where employers must have valid grounds and documented evidence to terminate without severance liability; termination during medical treatment periods, where special protections apply; and termination involving female employees during pregnancy, childbirth, or nursing periods, where termination is strictly limited under the Labor Contract Law. He also handles mass layoff situations under Article 41, where employers planning to reduce their workforce by twenty or more employees must follow specific procedures including advance notice to the trade union or employee representatives and reporting to the labor administrative department.

Labor Arbitration and Litigation

Mr. Wu represents clients throughout the labor dispute resolution process, which in China requires mandatory arbitration before the labor dispute arbitration commission before any court litigation may be initiated. The arbitration process has a statute of limitations of one year from the date the employee knew or should have known of the rights infringement, and the arbitration commission must render a decision within forty-five days of accepting the case. Either party may appeal the arbitration decision to the people's court within fifteen days of receipt of the decision.

Mr. Wu earned his LL.B. from China University of Political Science and Law. Fluent in English and Mandarin Chinese, he provides practical, results-oriented representation to clients navigating China's employment termination legal framework.

Termination Procedures and Documentation

Mr. Wu advises employers on the proper procedures and documentation required to effect a lawful termination. For termination for cause based on employee misconduct, the employer must have clear and enforceable disciplinary rules that have been properly communicated to employees, must have evidence demonstrating that the employee's conduct constitutes serious violation of those rules, and must follow the required procedural steps including notification to the trade union. Failure to follow proper procedures may render an otherwise justified termination wrongful, exposing the employer to severance liability.

For termination under the economic redundancy provisions of Article 41, Mr. Wu guides employers through the complex procedural requirements, which include providing advance notice of thirty days to the trade union or employee representatives, explaining the reasons for the reduction and the number of employees to be affected, soliciting opinions from the trade union or employee representatives, and reporting the plan to the local labor administrative department. Employees selected for redundancy are entitled to statutory severance, and the employer must give priority to rehiring laid-off employees within six months if positions become available.

Mr. Wu also handles the increasingly common scenario of fixed-term contract non-renewal, where an employer decides not to renew a fixed-term employment contract upon its expiration. Under Article 46 of the Labor Contract Law, if the employer decides not to renew a fixed-term contract, the employee is entitled to severance compensation unless the employer offered to renew on equal or better terms and the employee declined. After two consecutive fixed-term contracts, if the employee requests an open-term contract, the employer must generally grant it, providing additional job security.