Situation & Details
Pick the scenario that matches your case
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 — this payment is the “+1” 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.
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 — this payment is the “+1” 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.
❓ 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 “+1” 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.