The Enterprise Shall Not Terminate The Labor Contract.

The labor contract law stipulates that: under one of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of the fortieth and forty-first articles of this law.

(1) workers who engage in occupational hazards operations fail to undergo occupational health examination before leaving job or suspected occupational diseases are diagnosed or observed during medical observation.

(2) occupational disease or injury resulting from work injury and loss or partial loss of working ability in the unit.

(3)

Or in case of injury due to work, during the prescribed medical period;

(4) female workers during pregnancy, childbirth, and lactation;

(5) it has been working for fifteen consecutive years in the unit and less than five years from the statutory retirement age.

(6) other circumstances stipulated by laws and administrative regulations.

Other circumstances mentioned in Item (6) mentioned above, such as labourers being placed on file for examination according to law, have not yet been closed.

Violation of the provisions, even if the termination of the contract is strictly in accordance with the relevant provisions.

Legal risks will also arise.

It should be noted that the above prohibitions are not for immediate lifting, and in case of immediate termination, the employer may not be subject to the above restrictions.

Therefore, the relationship between immediate release, notice cancellation or extra payment of wage dismissal, economic layoffs and no lifting of the three party can be simply stated as: immediate relief is better than no lifting, no lifting is better than notice cancellation or extra payment of wage dismissal and economic layoffs.