Fired Without Cause in China: Your Rights as a Foreign Teacher

What is NOT a lawful reason

'We don't need you anymore,' 'restructuring,' or 'bad attitude' without documented warnings are not Article 39 grounds. Vague reasons like 'damaging brand image' without evidence don't hold up.

What to do if fired

Don't sign anything saying 'voluntary resignation.' Get the dismissal in writing. If they push you to resign 'voluntarily' to avoid paying severance, that's a negotiation — you can refuse and demand the statutory amount.

The 2N claim

If you win an unlawful-dismissal case, you get twice the severance you'd have gotten for a lawful no-fault dismissal. Many teachers settle for the statutory N — know your number before you negotiate.

Key facts / law

• Articles 39–41 list the only lawful dismissal grounds
• Unlawful dismissal: Article 48 (reinstatement) or Article 87 (2× severance as damages)
• Statutory severance = 1 month's average wage per year of service (Article 47)

Related guides

• Is a 3-Month Probation Legal in China? (2-Year Contract = Max 2 Months)
• Chinese Contract Splits Salary Into Base + Allowances — Why It Hurts You
• Is a Non-Compete Clause in a Chinese Teaching Contract Valid?
• Can My Chinese Employer Charge a Resignation Penalty? (¥20,000 to Quit?)
• Social Insurance for Foreign Teachers in China: What Your Employer Must Pay
• My China Contract Is Only in Chinese — Should I Sign?

Also: see what teachers actually earn in China →