Recent years have seen some employers terminate labour contracts
on the grounds that the employees were detained. The basis of
termination was cited as article 39.1.2 of the Labour Contract Law
– "serious violation of the employer's rules and
regulations", or article 39.1.6 – "held criminally
liable under the law".
CHOICE OF BASIS
Being detained does not equal being held criminally
liable. According to article 39.1.6 of the Labour Contract
Law, where the labourer is held criminally liable under law, an
employer may terminate his/her labour contract. In practice, many
employers take this article for granted by citing it as grounds for
termination as soon as an employee is detained.Recent years have
seen some employers terminate labour contracts on the grounds that
the employees were detained. The basis of termination was cited as
article 39.1.2 of the Labour Contract Law – "serious
violation of the employer's rules and regulations", or
article 39.1.6 – "held
