LCL Implementation Regs 18; Worker's Reasons to End Contract

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The following provision of the Regulations on the Implementation of the Labor Contract Law of the People's Republic of China (LCL Implementation Regulations) details the reasons that allow workers to legally terminate a labor contract.

Article 18 - Reasons Workers Can Terminate the Labor Contract 

An worker may, in accordance with the conditions and procedures prescribed in the Labor Contract Law, terminate a labor contract with a fixed term, a labor contract without a fixed term or a labor contract that sets the completion of a specific task as the term of the contract concluded with the employer under any of the following circumstances:

(1) The worker and the employer so agree after consultation;

(2) The worker has notified the employer of the dissolution in the written form 30 days in advance;

(3) The worker has notified the employer of the dissolution 3 days in advance during probation;

(4) The employer fails to provide labor protection or work conditions as it has promised in the employment contract;

(5) The employer fails to pay labor remunerations on schedule or in full amount;

(6) The employer fails to pay social insurance premiums for the worker as required by law;

(7) Some of the employer’s rules or procedures have contravened the laws or regulations and damaged the rights and interests of the worker;

(8) The employer, by means of deception or coercion or by taking advantage of the worker’s difficulties, forces the worker to conclude or alter the labor contract against the worker’s true will;

(9) The employer disclaims its legal liability or denies the worker’s rights in the labor contract;

(10) The employer violates the mandatory provisions of any law or administrative regulation;

(11) The employer compels the worker to work by force, threat or illegally restricting the personal freedom of the worker;

(12) The employer gives orders in violation of the safety regulations or forces the worker to risk his life; or

(13) Other circumstances under which the worker can dissolve the employment contract as prescribed in laws or administrative regulations.

第十八条

有下列情形之一的，依照劳动合同法规定的条件、程序，劳动者可以与用人单位解除固定期限劳动合同、无固定期限劳动合同或者以完成一定工作任务为期限的劳动合同：

（一）劳动者与用人单位协商一致的；

（二）劳动者提前30日以书面形式通知用人单位的；

（三）劳动者在试用期内提前3日通知用人单位的；

（四）用人单位未按照劳动合同约定提供劳动保护或者劳动条件的；

（五）用人单位未及时足额支付劳动报酬的；

（六）用人单位未依法为劳动者缴纳社会保险费的；

（七）用人单位的规章制度违反法律、法规的规定，损害劳动者权益的；

（八）用人单位以欺诈、胁迫的手段或者乘人之危，使劳动者在违背真实意思的情况下订立或者变更劳动合同的；

（九）用人单位在劳动合同中免除自己的法定责任、排除劳动者权利的；

（十）用人单位违反法律、行政法规强制性规定的；

（十一）用人单位以暴力、威胁或者非法限制人身自由的手段强迫劳动者劳动的；

（十二）用人单位违章指挥、强令冒险作业危及劳动者人身安全的；

（十三）法律、行政法规规定劳动者可以解除劳动合同的其他情形。

Regulations on the Implementation of the Labor Contract Law of the People's Republic of China

中华人民共和国劳动合同法实施条例

http://www.gov.cn/zwgk/2008-09/19/content_1099470.htm

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