Skip to main content
National Practice Guide · L3

WFOE Deregistration and Employee Severance in China (2026)

Author China Law List Editorial · Editorial policy · AI content policy · Disclaimer · Not legal advice — confirm current rules with counsel and authorities

Closing the company does not let you walk away from staff. Unsettled people freeze liquidation.

54+lawyer profiles listed
Updated14 Aug 2026
AudienceForeign businesses & individuals
Author China Law List Editorial · Last reviewed · 3 min read · Editorial policy · AI content policy · Disclaimer · Not legal advice — confirm current rules with counsel and authorities

At a glance

Employment & Labor: typical process stages

Four high-level stages — details and local variations are in the guide below.

  1. HireEntity, contract, SI, permits
  2. ComplyPayroll, hours, policies, union
  3. ManagePerformance, changes, data
  4. Exit / disputeRoute, evidence, arbitration
City hubs

Local guides & lawyers

Drill into city × practice hubs where available, or open the city legal market guide.

Not legal advice. Labour Contract Law and city practice change. This page is the people bill when you shut or shrink a WFOE — not the AMR sequence and not a severance calculator app.

Liquidation · First hire · Employment flagship · Legal representative · WFOE ops hub.

Direct answer

Dissolution or licence revoke is a statutory ground to end labour contracts — you still settle wages, unused leave and statutory severance (N). N is generally one month of average pay per year of service, with high-earner and 12-year themes (confirm locally). Some no-fault exits also need 30 days’ notice or +1 month (N+1). A true economic layoff (Labour Contract Law Art. 41 style) has a headcount trigger — commonly 20 people or 10%+ — plus explain-to-staff/union and a labour-bureau filing. Firing eight people is not that statute. Mutual termination is often how clean files close; it is not free. At-will firing is not a China tool.

At a glance

QuestionShort answer
Does close = no pay?No. Wages + leave + N.
N+1?N plus one month in lieu of 30 days on some no-fault grounds.
Eight people?Not an Art. 41 mass layoff.
Mutual exit?Often practical. Still budget N or more.
Blocks AMR?Yes — unsettled staff freeze tax/liquidation.

Scope and legal framework

Labour Contract Law — end of the employing unit. When the employer is dissolved, declared bankrupt, or has its licence revoked, contracts end. Severance is still due on the statutory list of grounds. Unpaid wages are a separate, uglier file.

N and the +1 month. Statutory economic compensation is generally one month of the employee’s average wage in the twelve months before termination, per year of service (partial years rounded by rule). High earners and a twelve-year cap are statutory themes — apply the current local reading. Payment in lieu of 30 days’ notice is the “+1” people search for.

Economic layoff (Art. 41 family). Mass reduction for statutory economic reasons: headcount threshold, 30-day explanation to union or all staff, labour-admin filing, priority rehire themes. Under-threshold cuts are ordinary individual terminations — you do not get the mass-layoff script for free.

Practical workflow

  1. Roster: start date, wage, leave, pregnancy/occupational-injury flags.
  2. Choose ground: mutual, dissolution, or a real Art. 41 filing.
  3. Pay, issue certificates, close SI — then the liquidation tax/AMR chain.

Common mistakes

  • Calling eight exits a “mass layoff” to skip individual rules.
  • Paying N but skipping the +1 when you gave no notice.
  • Leaving pregnant staff or work-injury files for “later.”

Action checklist

  1. Headcount vs 20 / 10% written down.
  2. Ground labelled per person.
  3. N / N+1 worksheet (local average-wage rule).
  4. SI and wage slips before tax clearance.

Find China employment counsel

The employment listings below are live DJ Classifieds profiles. Directory →

Sources & trust

How to use this guide

This page is general information for orientation. It is not legal advice and does not create an attorney–client relationship. For methodology and AI-assisted drafting rules, see our Editorial Policy and AI Content Policy. Directory badge meaning is described in the Lawyer Verification Policy.

Prefer primary statutes, judicial interpretations, and official guidance when making decisions. Where this guide links to city hubs or lawyer listings, verify credentials and engagement terms directly with counsel. Full disclaimer · Request a consultation.

FAQ

Common questions

Quick answers for foreign nationals and employers. Rules vary by city and change over time.

Is N+1 always required when we liquidate?

Dissolution triggers severance. Whether you also owe a month in lieu of notice depends on the ground and whether you actually gave 30 days. Do not assume HQ’s “we announced closure” email is notice.

Can we just not renew fixed-term contracts?

Non-renewal by the employer often still costs N. It is not a free alternative to dissolution math.

Directory

Verified Employment & Labor lawyers

China-based listings shown first. Browse lawyer profiles for employment & labor, then request legal help.

Verified listingsconsultationChina-first directory sort

Need counsel on employment & labor?

Connect with listed lawyers to request legal help. No obligation.