Employment of civil servants is regulated by the Civil Servant Law, No 35 of 27 April 2005.

→ Sections 13 and 14 provide for fixed-term contracts.
→ Section 13 indicates that: A fixed-term labour contract is one the ending date of which is agreed upon between the employing unit and the worker.
An employing unit and a worker may conclude a fixed-term labour contract upon reaching consensus through consultation.
→ Section 14 An open-ended labour contract is one where the employing unit and the worker have agreed not to stipulate a definite ending date.
An employing unit and a worker may conclude an open-ended labour contract upon reaching consensus through consultation. If a worker proposes or agrees to renew the labour contract or to conclude a labour contract in any of the following circumstances, an open-ended labour contract shall be concluded, unless the worker requests the conclusion of a fixed-term labour contract:
(1) The worker has been working for the employing unit for a consecutive period of 10 or more years;
2) The worker has been working for the employing unit for a consecutive period of 10 or more years but less than 10 years away from the statutory retirement age when the employing unit introduces the labour contract system or when the State-owned enterprise has to conclude a new labour contract with him as a result of restructuring; or
(3) The worker intends to renew the labour contract after he has consecutively concluded a fixed-term labour contract with the employing unit twice, and he has not been found in any of the circumstances specified in section 39 or Subparagraph (1) or (2) in section 40 of this Law.
If an employing unit fails to conclude a written labour contract with a worker within one year of the date it employs the worker, it shall be deemed to have concluded an open-ended labour contract with the latter.

→ Section 13 ECL: No material reasons required.
The ECL only provides for procedural requirements: a FTC contract can be concluded once the employer and the worker have reached a consensus through consultations. In addition, according to section 14 of the ECL, "if an Employer fails to conclude a written labour contract with an employee within one (1) year from the date the employee commences work, they shall be deemed to have entered into an open-ended labour contract".

→ Section 14(3) ECL indicates that:" (..) An open-ended labour contract may be concluded between an Employer and an employee upon consultation. If an employee proposes or agrees to renew and conclude a labour contract in any of the following circumstances, an open-ended labour contract shall be concluded, unless the employee requests the conclusion of a fixed-term labour contract instead: (...):
(3) Where a labour contract was concluded as a fixed-term labour contract on two consecutive occasions and the employee, in the absence of any of the circumstances stipulated in section 39 and items (1) and (2) of section 40 of this law, renews such contract."

→ Section 14(1) ECL:
"(...) An open-ended labour contract may be concluded between an Employer and an employee upon consultation. If an employee proposes or agrees to renew and conclude a labour contract in any of the following circumstances, an open-ended labour contract shall be concluded, unless the employee requests the conclusion of a fixed-term labour contract instead:
(1) The employee has been working for the Employer for ten (10) consecutive years".

→ Section 19 ECL.
The maximum duration of the probationary period varies according to the duration of the employment contract, as follows:
- term ranging from 3 months to less than 1 year: maximum one month;
- term ranging from more than 1 year to less than 3 years: maximum two months;
- more than three years and open-ended contracts: maximum 6 months.
No probation period shall be specified in an employment contract concluded for the completion of a specific task or an employment contract concluded for less than three months.

No statutory provisions were found in the examined legislation in this respect.

The ECL does not establish a general obligation on the employer to state the reasons for dismissal to the employee. However, the obligation of employers to provide a reason for dismissal applies (only)during the probationary period.
→ Section 21 of ECL indicates that: (...) If an employing unit revokes a labour contract during the probation period, it shall explain the reasons to the worker.
→ In addition, section 43 ECL requires that prior to dismissing a worker, the employer shall notify the labour union of the reasons.

▶ ECL
→ Section 42 ECL prohibits dismissal of :
(1) Being engaged in operations exposed to occupational disease hazards, the worker is not given pre-departure occupational health examinations, or being suspected of an occupational disease, is in the process of being diagnosed or is under medical observation;
(2) Having contracted an occupational disease or been injured at work, the worker is confirmed to have totally or partially lost the ability to work;
(3) The worker is in the prescribed period of medical treatment for illness, or for injury incurred when not at work, and
(4) The worker is during the pregnant, puerperal or breastfeeding stage;
The worker has been working for the employing unit continuously for 15 years in full and is less than 5 years away from the statutory retirement age; or
(6) The worker is in any other circumstances as provided for by laws or administrative regulations.
▶ Labour Law of 1994 (LL)
→ Section 12 LL indicates that: Labourers shall not be discriminated against in employment due to their nationality, race, sex, or religious belief.
▶ Law on the Protection of Women's Rights and Interests of the People's Republic of China (revised 2005) (Law on the protection of women - 2005)
→ Section 27 of the Law on the Protection of Women (2005), prohibits the dismissal of any female employee on the grounds of marriage, pregnancy, maternity leave or nursing unless the employee requests the termination, indicating that: No unit may dismiss a female employee, reduce her salary or unilaterally terminate labour contracts or service agreements because of marriage, pregnancy, maternity leave or baby nursing. However, the termination of the contract or service agreement by the female worker is accepted.
▶ Regulations Concerning the Labour Protection of Female Staff and Workers of 1988 (Labour Protection of Female Staff Regulation).
Dismissal on the grounds of pregnancy is also prohibited in section 4 of the Labour Protection of Female Staff Regulation.
→ Section 4 indicates that: During the pregnancy, maternity leave and nursing period of female staff and workers, their basic salaries may not be reduced, and their Labour contracts may not be cancelled.
▶Trade Union Law of the People's Republic of China, 1992, as amended by Order of the President of the People's Republic of China, No 62, 27 October 2001 and last amended on 27 August, 2009 (Trade Union Law).
→ Section 52 of the Trade Union Law (as revised in 2009) prohibits the dismissal for trade union activities, indicating that: section 52 If any of the following circumstances occur in violation of this Law, the labour administrative department shall order the person to be reinstated and to pay the wages due for the period of termination of the labour contract, or order the person to be paid compensation equal to twice their annual income: 
(a) Employees whose employment contracts are terminated due to their participation in trade union activities;
(ii) Trade union staff members whose labour contracts are terminated due to the performance of their duties as stipulated in this Law.
▶ Employment Promotion Law (EPL)
Note: Ethnic origin, race, sex, and religious belief and disability are not listed as unlawful grounds for dismissal in the ECL. ▻ However, they are listed as prohibited grounds of discrimination in employment in section 3 of the Employment Promotion Law (EPL).
→ Section 3 EPL indicates that: The labourers shall have the right to equal employment and to choose jobs on their own initiative in accordance with law.
The labourers seeking employment shall not be subject to discrimination on the basis of ethnicity, race, gender, religious belief, etc.
→ Section 27 EPL provides for the prohibition of discrimination against women in employment in general, indicating that: The State shall ensure that women enjoy equal labour rights as men. When an employing unit recruits labourers, it shall not use sex as a pretext for excluding women from employment or to raise recruitment standards for females, except for the types of work or posts that are not suitable for women as stipulated by the State.
When an employing unit recruits female workers, it shall not stipulate in the labour contract any content which restricts female workers from getting married or bearing children.
→ Section 29 EPL stipulates the prohibition for discrimination against persons with disabilities, indicating that: The State shall guarantee the labour rights of disabled persons.
The people’s governments at all levels shall make an overall plan on the employment of disabled persons so as to create employment conditions favourable to disabled persons.
When an employing unit recruits labourers, it shall not discriminate against disabled persons.
→ Section 31 EPL prohibits discrimination against rural workers, stipulating that: Rural labourers who enter cities for employment shall enjoy equal labour rights as urban labourers.
It is not allowed to set discriminatory restrictions against rural labourers entering cities for employment.

▶ ECL
→ Under section 42 of the ECL, it is prohibited to dismiss:
(1) a worker who is engaged in operations exposing him to occupational disease hazards and has not undergone a pre-departure occupational health check-up, or is suspected of having contracted an occupational disease and is being diagnosed or under medical observation;
(2) a worker who has been confirmed as having lost or partially lost his capacity to work due to an occupational disease contracted or a work-related injury sustained with the Employer
(3) a worker who has contracted an illness or sustained an injury, and the set period of medical care therefore has not expired;
(4) a female employee in her pregnancy, confinement or nursing period;
(5) a worker who has been working for the Employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age.
▶ Trade Union Law of the People of China (as revised in 2009)
→ Section 52 of the Trade Union Law (as revised in 2009) prohibits the dismissal for trade union activities, indicating that: section 52 If any of the following circumstances occur in violation of this Law, the labour administrative department shall order the person to be reinstated and to pay the wages due for the period of termination of the labour contract, or order the person to be paid compensation equal to twice their annual income: 
(a) Employees whose employment contracts are terminated due to their participation in trade union activities;
(ii) Trade union staff members whose labour contracts are terminated due to the performance of their duties as stipulated in this Law.

→ Section 40 ECL indicates that: In one of the following circumstances, an employing unit may revoke the labour contract, if it notifies in writing the worker of its intention 30 days in advance or after paying him an extra one month salary:
(1) The worker is unable to take up his original work or any other work arranged by the employing unit on the expiration of the specified period of medical treatment for illness or for injury incurred when not at work;
(2) The worker is incompetent for the post and remains incompetent after receiving training or being assigned to another post; or
(3) The objective conditions taken as the basis for the conclusion of the contract have greatly changed, so that the original labour contract cannot be performed, and, after consultation between the employing unit and the worker, no agreement is reached on modification of the contents of the labour contract.

The notice period shall be 30 days regardless of the job tenure.
→ Section 40 ECL indicates that: In one of the following circumstances, an employing unit may revoke the labour contract, if it notifies in writing the worker of its intention 30 days in advance or after paying him an extra one month salary: (...).

→ Section 41 ECL indicates that: If, in any of the following circumstances, an employing unit needs to cut employment by more than 20 persons, or by less than 20 persons, which, however, accounts for more than 10 per cent of the total number of the enterprise’s employees, it may do so after it explains the situation to the trade union or all of its employees 30 days in advance, solicits opinions from among them and submit its plan for cutting employment to the administrative department of labour:
(1) The enterprise is to undergo reorganization pursuant to the provisions of the Law on Enterprise Bankruptcy;
(2) The enterprise is in dire straits in production and management;
(3) The enterprise changes its line of production, introduces a major technological updating or adjusts its business method, and, after modification of the labour contracts, still needs to reduce its personnel; or
(4) The objective economic conditions taken as the basis for conclusion of the labour contracts have greatly changed, so that the original labour contracts cannot be performed.
When cutting employment, the employing unit shall continue to employ the following persons by giving priority to them:
(1) persons who have concluded fixed-term labour contracts for a relatively long term with the employing unit;
(2) persons who have concluded open-ended labour contracts with the employing unit; and
(3) persons none of whose other family members has a job or who have an elder or minor depending on his support.
If an employing unit that has cut its employment pursuant to the provisions in the first paragraph of this section goes to recruit employees anew within six months, it shall give notification to the laid off persons and, under equal conditions, recruit them before others.

→ Section 41 ECL requires explanation to be provided to the trade union, indicating that: If, in any of the following circumstances, an employing unit needs to cut employment by more than 20 persons, or by less than 20 persons, which, however, accounts for more than 10 per cent of the total number of the enterprise’s employees, it may do so after it explains the situation to the trade union or all of its employees 30 days in advance, (...).

→ Section 41 ECL requiers submission of the employers plan for cutting employment to the administrative department of labour indicating that: If, in any of the following circumstances, an employing unit needs to cut employment by more than 20 persons, or by less than 20 persons, which, however, accounts for more than 10 per cent of the total number of the enterprise’s employees, it may do so after it explains thee situation to the trade union or all of its employees 30 days in advance, solicits opinions from among them and submit its plan for cutting employment to the administrative department of labour: (...).

→ Section 41 ECL provides for 30 days in advance, indicating that: If, in any of the following circumstances, an employing unit needs to cut employment by more than 20 persons, or by less than 20 persons, which, however, accounts for more than 10 per cent of the total number of the enterprise’s employees, it may do so after it explains the situation to the trade union or all of its employees 30 days in advance, (...).
▷ Also, the ECL requiers that the employer notifies the trade union in advance of the reasons for unilateral termination and consider the trade union’s opinion. However, the trade union’s approval or consent is not required. The employer may proceed after considering the opinion and notifying the trade union in writing of the outcome.
→ Section 43 ECL states that: Where an employing unit intends to revoke a labour contract unilaterally, it shall notify the trade union of the reasons in advance. If the employing unit violates the provisions of laws or administrative regulations or the labour contracts, the trade union shall have the right to demand that the employing unit put things right. The employing unit shall consider the trade union’s opinion and notify the trade union in writing of the settlement of the matter.

No statutory provisions were found in the examined legislation in this respect.

No statutory provisions were found in the examined legislation in this respect.

→ Section 41(4)(1 to 3) ECL indicates that : (...).When cutting employment, the employing unit shall continue to employ the following persons by giving priority to them:
(1) persons who have concluded fixed-term labour contracts for a relatively long term with the employing unit;
(2) persons who have concluded open-ended labour contracts with the employing unit; and
(3) persons none of whose other family members has a job or who have an elder or minor depending on their support.

→ Section 41 ECL provides for a preferential right to re-employment for 6 months, indicating that: (...). If an employing unit that has cut its employment pursuant to the provisions in the first paragraph of this section goes to recruit employees anew within six months, it shall give notification to the laid-off persons and, under equal conditions, recruit them before others.

→ Section 41 ECL indicates that: If, in any of the following circumstances, an employing unit needs to cut employment by more than 20 persons, or by less than 20 persons, which, however, accounts for more than 10 per cent of the total number of the enterprise’s employees, it may do so after it explains the situation to the trade union or all of its employees 30 days in advance, solicits opinions from among them and submit its plan for cutting employment to the administrative department of labour:

▶ ECL
→ Sections 46 and 47 ECL:
Severance pay amounts to one month's pay per year of service. For the purpose of calculating severance pay, an employment period of 6 months to 1 year is to be counted as 1 year. If the employee has worked for less than 6 months, he will be entitled to half a month's pay.
▻ If the monthly wage of a worker exceeds three times the average monthly wages of employees in the municipality where the employer is located, severance pay shall be paid to him at the rate of three times the local average monthly wages and shall be for not more than 12 years of work.
→ Section 46 indicates that: The employing unit shall pay financial compensation to a worker under one of the following circumstances:
(1) The worker revokes the labour contract pursuant to the provisions in section 38 of this Law;
(2) The employing unit proposes revocation of the labour contract to the worker pursuant to the provisions in section 36 of this Law, and the parties reach an agreement thereon through consultation;
(3) The employing unit revokes the labour contract pursuant to the provisions in section 40 of this Law;
(4) The employing unit revokes the labour contract pursuant to the provisions in the first paragraph of section 41 of this Law;
(5) The fixed-term labour contract is terminated pursuant to the provisions in Subparagraph (1) of section 44 of this Law, except that the worker does not agree to renew the contract even though the employing unit maintains the same conditions as, or offers better conditions than, the ones stipulated in the previous contract;
(6) The labour contract is terminated pursuant to the provisions of Subparagraph (4) or (5) of section 44 of this Law; or
(7) Under any other circumstances provided for by laws or administrative regulations.
→ Section 47 provides that: section 47 Financial compensation shall be paid on the basis of the number of years a person works in a unit, the rate being one month’s salary for the work of one full year. If he has worked for six months or more but less than one year, the time shall be calculated as one year; and if he has worked for less than six months, he shall be paid half of his monthly salary as financial compensation.
If the monthly salary of a worker is three times the average monthly salary of the workers of the region for the previous year, which is published by the people’s government of the municipality directly under the Central Government or by that of the city divided into districts where the employing unit is located, the rate for his financial compensation payable shall be three times the average monthly salary of the workers, and the number of years involved shall not exceed 12 years.
For the purposes of this section, the monthly salary means the average of a given worker’s monthly salary for the 12 months prior to the revocation or termination of the labour contract.
▶ Implementing Regulations of the PRC Employment Contracts Law (IR-PRC)
→ Section 27 of the IR-PRC indicates that: The monthly wage to calculate severance specified in section 47 of the ECL shall be based on the income due to the employee, including monetary income, such as hourly wages or piece rate wages, bonuses, allowances and subsidies, etc. If the employee’s average monthly wage for the twelve months preceding the termination or the rescission of the employment contract is lower than the local minimum wage, the local minimum wage applies. If the employee worked for less than twelve months, the average wage shall be calculated according to the employee’s number of months actually worked.

Same as severance pay: see section 46(4) ECL, read together with section 47 ECL.