LCL 42, 45; Circumstance for Extension of Labor Contract

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The following provisions of the Labor Contract Law of the People’s Republic of China (LCL) detail legal stipulations on circumstance under which labor contracts cannot be terminated based on LCL 40 or 41, and when labor contracts shall be extended.

Article 42 - Circumstance Where Worker Cannot be Terminated Using LCL 40 or 41

The employing unit may not revoke the labor contract concluded with the worker, who is under one of the following circumstances, by applying the provisions in Articles 40 and 41 of this Law:

(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 being 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 breast-feeding stage;

(5) 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.

第四十二条　

劳动者有下列情形之一的，用人单位不得依照本法第四十条、第四十一条的规定解除劳动合同：

（一）从事接触职业病危害作业的劳动者未进行离岗前职业健康检查，或者疑似职业病病人在诊断或者医学观察期间的；

（二）在本单位患职业病或者因工负伤并被确认丧失或者部分丧失劳动能力的；

（三）患病或者非因工负伤，在规定的医疗期内的；

（四）女职工在孕期、产期、哺乳期的；

（五）在本单位连续工作满十五年，且距法定退休年龄不足五年的；

（六）法律、行政法规规定的其他情形。

Article 45 - Circumstance When the Labor Contract Shall be Extended

At the expiration of a labor contract, under one of the circumstances prescribed in Article 42 of this Law, the term of the labor contract shall be extended until the necessary conditions cease to exist. However, the termination of a labor contract with a worker who has totally or partially lost the ability to work, as specified in Subparagraph (2) of Article 42 of this Law shall be handled in accordance with the regulations of the State governing insurance for work-related injury.

第四十五条　

劳动合同期满，有本法第四十二条规定情形之一的，劳动合同应当续延至相应的情形消失时终止。但是，本法第四十二条第二项规定丧失或者部分丧失劳动能力劳动者的劳动合同的终止，按照国家有关工伤保险的规定执行。

Labor Contract Law of the People’s Republic of China

http://english.www.gov.cn/archive/laws_regulations/2014/08/23/content_281474983042501.htm 

中华人民共和国劳动合同法

http://www.mohrss.gov.cn/SYrlzyhshbzb/zcfg/flfg/fl/201605/t20160509_239643.html

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