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Under What Circumstances May an Employer Not Terminate an Employment Contract?

An employer may not terminate an employment contract under Articles 40 or 41 of the Labor Contract Law where the employee:

(1) has engaged in work involving occupational-disease hazards and has not undergone a pre-departure occupational health examination, or is suspected of having an occupational disease and is undergoing diagnosis or medical observation;

(2) has contracted an occupational disease or suffered a work-related injury with the employer and has been confirmed to have wholly or partially lost the capacity to work;

(3) is ill or has suffered a non-work-related injury and is within the statutory medical-treatment period;

(4) is a female employee during pregnancy, maternity leave, or the breastfeeding period;

(5) has worked continuously for the employer for at least 15 years and is less than five years from statutory retirement age;

(6) falls within any other circumstance prescribed by laws or administrative regulations.

Updated October 3, 2026
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