Basic Domestic Chinese Arbitral Award Setting Aside Framework
Setting aside domestic Chinese arbitral awards requires proving explicit procedural or evidentiary defects under Article 58 within a rigid six-month window.
Labor Contract Law Article 47 Severance Calculation
Meaning
Statutory formulas define the financial compensation due to employees when a work agreement terminates without specific cause provided by the worker. The labor contract law article 47 severance calculation uses the duration of service and the average monthly income of the staff member to determine the minimum payout. Local labor bureaus enforce these totals to ensure factory closures do not leave employees without mandated transition support.
Service Multiplier
Each full year of employment generates an entitlement to one month of the current salary as a base payment. When applying the labor contract law article 47 severance calculation, terms exceeding six months result in a full month contribution while shorter durations result in a partial credit.
Capped Amount
Regional average wages set the ceiling for the calculation to prevent high earners from depleting the liquidation funds of a failing operation. The labor contract law article 47 severance calculation adjusts down to three times the local city average when individual earnings exceed that threshold.
Exemption Rule
Personnel who resign voluntarily or whose contracts terminate due to criminal conduct forfeit the right to receive this payment. A labor contract law article 47 severance calculation remains mandatory during formal business cessations unless the employee reaches the statutory retirement age.