Money & workIdea 5 · 1 min read

For termination under Article 40, immediate departure requires one month's pay instead of 30 days' written notice

Grade A evidenceValue: High
In plain language

Where China's Labor Contract Law Article 40 applies, the employer must give 30 days' written notice or an extra month's wage. This additional amount is separate from N and is commonly called N+1 when both apply. List it separately in negotiations.

MoneyNo cost
TimeQuick and easy
EffortLittle effort

What it takes

Free.

What you may gain

Article 40 offers two alternatives for the terminations it governs: written notice 30 days in advance or one additional month's wages. The notice-payment month is separate from statutory severance, rather than included in its calculation.

Context & considerations

The source describes N+1 as a common lawful-dismissal outcome. Its legal basis here is specifically Article 40, so identify the termination ground and keep N and the notice month separate.

Research & references

NPC Standing Committee (2007). Labor Contract Law, effective January 1, 2008, Article 40. http://www.gov.cn/gongbao/content/2007/content_711013.htm