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China Notice Period Calculator

2026 Labor Contract Law reference ยท Resignation & termination notice ยท Payment in lieu

๐Ÿ†“ Free๐Ÿ”’ No upload๐Ÿ’ป Local-only

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Only applies to the no-fault termination option
Used only when one month's pay in lieu applies
Used to estimate the earliest last working day

Notice Result

How notice periods work in China

Employee resignation is covered by Article 37 of China's Labor Contract Law: 30 days' written notice on a regular contract, or 3 days' notice during the probation period. No employer approval is required once notice is given, and handover obligations still apply.

Employer no-fault termination under Article 40 covers three situations, such as incompetence after training or job adjustment. The employer must either give 30 days' prior written notice or pay one month's salary in lieu of notice โ€” this payment is the โ€œ+1โ€ commonly discussed in N+1.

Employer summary dismissal under Article 39, such as serious misconduct, generally requires no notice and no payment in lieu, but the grounds and evidence must be solid or the dismissal may be found unlawful.

Payment in lieu of notice is not severance. It only replaces the missing 30-day notice. Statutory severance (N) is calculated separately and depends on the termination ground.

Employee resignation notice periods

Under Article 37 of the Labor Contract Law, an employee may terminate a labor contract by giving the employer 30 days' written notice. During the probationary period, the employee may terminate by giving 3 days' notice. These are the statutory minimum notice periods; employment contracts may specify longer periods but not shorter ones.

Employer no-fault termination notice (Article 40)

When an employer terminates an employee under Article 40 grounds (illness after medical treatment, incompetence after training, or material change in circumstances), the employer must either:

  • Give 30 days' written notice in advance, OR
  • Pay one month's salary in lieu of notice (ไปฃ้€š็Ÿฅ้‡‘)

The payment-in-lieu amount is typically the employee's salary for the previous month. This is the source of the commonly discussed "N+1" formula โ€” the N represents the economic compensation for years of service, and the +1 represents the payment in lieu of notice.

Summary dismissal without notice (Article 39)

Under Article 39, an employer may immediately terminate the contract without notice or severance if the employee:

  • Fails to meet employment conditions during probation
  • Seriously violates the employer's rules and regulations
  • Commits serious dereliction of duty, causing significant harm to the employer
  • Establishes a labor relationship with another employer that materially affects the completion of current tasks, and refuses to correct
  • Uses fraud, coercion, or exploitation to cause the employer to conclude or amend the contract against its true will
  • Is subject to criminal liability

Special situations affecting notice

Certain situations require special handling:

  • Fixed-term contract expiry: No formal notice is legally required, but 30 days' notice is customary and required in some localities.
  • Economic layoff (Article 41): The employer must give 30 days' notice to the trade union or all employees and explain the situation.
  • Protected periods: During medical treatment, pregnancy, maternity leave, nursing leave, or work-injury suspension, the employer generally cannot terminate the contract without the employee's consent.

Consequences of insufficient notice

If an employee resigns without proper notice and causes economic loss to the employer, the employer may claim compensation for the actual loss caused. If an employer terminates without proper notice or procedure, the termination may be deemed unlawful, potentially resulting in 2N damages.

โ“ FAQ

How much notice does an employee have to give in China?
Generally 30 days' written notice on a regular contract, or 3 days' notice during the probation period, under Article 37 of the Labor Contract Law.
When is one month's pay in lieu of notice due?
It is the common reference when an employer ends the contract on Article 40 no-fault grounds without giving 30 days' written notice. This is the โ€œ+1โ€ often mentioned in N+1.
Is payment in lieu of notice the same as severance?
No. Payment in lieu only replaces the missing 30-day notice. Severance (N) is calculated separately based on service years and applies only to terminations where severance is due.
Can my contract require a longer notice period?
Contracts commonly restate the 30-day rule, and some agree on longer notice for key roles. Statutory minimums set the baseline, so check your contract and local practice.
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