Labor Contract Law 3

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Chapter IV Revocation and Termination of Labor Contracts

Article 36 An Employer and an employee may terminate their labor contrast if they so agree after consultation.

Article 37 An employee may terminate the labor contract upon giving his Employer 30 days prior written notice. An employee may terminate his labor contract during the probation period by giving the Employer 3 days prior notice.

Article 38 An employee may terminate his labor contract if his Employer:

(1) fails to provide work protection or working conditions as stipulated in the labor contract;

(2) fails to pay labor compensation in full or on time;

(3) fails to pay the social insurance premium for the employee in accordance with the law;

(4) adopts rules or regulations that are in violation of laws or regulations, thereby impairing the employee's rights and interests;

(5) causes the labor contract to be invalid due to any of the circumstances stipulated in the first paragraph of Article 26 of this Law; or

(6) causes the occurrence of a circumstance in which laws or administrative regulations allow the worker to terminate the labor contract.

If an Employer uses violence, threats or unlawful restriction of personal freedom to force an employee to work, or if an Employer forces or instructs an employee to perform dangerous tasks which would endanger his personal safety in violation of rules or regulations, the employee may terminate his labor contract immediately without giving any prior notice to the Employer.

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