[Direct answer]Yes, but it depends on the circumstances. According to Article 48 of the Labor Contract Law of the People's Republic of China (amended in 2012), if an employer terminates or terminates a labor contract in violation of the law, and the employee requests to continue performing the labor contract, the employer shall continue to perform it; if the employee does not request to continue performing the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of the Law, that is, pay compensation at twice the standard of economic compensation. It can be seen that requesting to continue performing the contract is the primary right granted by law to employees. Only when the employee voluntarily gives up or the labor contract can no longer be performed will it be converted into monetary compensation. In practice, when determining whether the labor contract can be continued, factors such as whether the employer still exists, whether the original position still exists, whether there is still a basis for continued cooperation between the parties, and whether the dispute period exceeds a reasonable limit are usually considered. In addition, if the employer unilaterally terminates the contract on the grounds of internal rectification or non-standard procedures, it often does not constitute a legal termination situation as stipulated in Articles 39 and 40 of the Labor Contract Law of the People's Republic of China, and constitutes an illegal termination. It should be noted that arbitration and litigation have certain time periods. Employees should timely assert their rights and keep evidence such as labor contracts, wage records, and termination notices.Labor arbitration and work-related injury compensationYou can view similar questions in this column.

1. Problem background and typical scenarios

These types of disputes typically occur in four situations: First, the employer unilaterally terminates the employment contract on the grounds of business adjustment or department abolition, but fails to comply with the statutory consultation and notification procedures; Second, the employer dismisses employees on the grounds of internal rectification, audit findings, or irregular recruitment procedures; Third, the termination decision does not specify the specific basis, and is only notified verbally or by a notice; Fourth, the employee performs normally during employment, receives wages on time, and there are no changes in their treatment or position before and after the termination. When handling such cases in the Beijing area, the court typically first reviews whether the termination action complies with statutory circumstances and procedures, including whether there is a factual basis, whether the notification and consultation procedures have been carried out, and whether the employer has paid economic compensation in accordance with the law. Then, the court determines whether the labor contract can continue to be performed. Disputes are usually first resolved through labor and personnel dispute arbitration. If the arbitration decision is not accepted, the case can be sued in the people's court. If the employer simultaneously owes the employee unpaid wages, overtime pay, or unpaid social insurance, these claims can be made together. If the case involves overlapping issues such as work injury insurance benefits or personal injury compensation, these matters can also be referred to for consideration together.Personal injury and medical disputesColumn.

II. Key points of contention

First, whether the termination of the employment contract is legal and whether it falls under the statutory circumstances stipulated in Articles 39, 40, and 41 of the Labor Contract Law. Second, whether the termination procedure is legal and whether the employer notified the trade union or followed the appropriate procedures in advance. Third, whether the employment contract can continue to be performed, whether the position still exists, and whether the employer is operating normally. Fourth, whether the employee explicitly requests to continue performing the contract. This expression of intent directly affects the direction of the ruling. Fifth, the calculation of economic compensation and double compensation, and how to determine the employee's work experience and average monthly salary. Sixth, the commencement and interruption of the arbitration statute of limitations, and whether the application is filed within one year. Seventh, the formal requirements and validity of the employment contract, and whether the failure to register and file the contract affects its establishment and effectiveness. The specific determinations shall be based on the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Take the labor dispute and illegal termination of labor contracts involving 12 employees represented by Attorney Feng Na of our firm as an example: In August 2025, a company terminated the labor relationships of Zhang Li, Hu Fei, Liu Gang, and other 12 employees by issuing termination notices, citing irregularities in the recruitment procedures discovered during inspections. These employees had been providing labor, accepting management, and receiving salaries during their employment, and some had even renewed their labor contracts with the company. The 12 employees entrusted Attorney Feng Na to jointly file an arbitration claim with the Labor and Personnel Dispute Arbitration Committee, demanding the restoration of labor relationships, the improvement of employment registration procedures, and the company's assumption of legal fees for defending their rights. In her legal opinion, Attorney Feng Na addressed four aspects: First, the labor relationship is established from the date of employment. According to Articles 7 and 16 of the Labor Contract Law of the People's Republic of China, a written labor contract becomes effective upon signing and stamping by both parties. Employment registration is merely an administrative matter, not a prerequisite for contract effectiveness. The company's claim that the contract is invalid due to unregistered status lacks legal basis. Second, renewal of contracts requires mutual consent. Whether internal or higher-level approval is required is a company's management process and cannot infringe upon workers' legitimate rights. Third, the company's termination violated Article 39 of the Labor Contract Law and Article 19 of the Implementing Regulations of the Labor Contract Law of the People's Republic of China (effective September 18, 2008). Neither inspection and rectification nor irregular recruitment procedures constitute statutory grounds for unilateral termination. Fourth, according to Article 48 of the Labor Contract Law, if the worker demands continued performance and the contract can still be performed, the employer must continue to fulfill its obligations. After going through arbitration, first-instance, and second-instance proceedings, the arbitration authority ruled that the company's termination was illegal, revoked the termination decision, and ordered continued performance. The first-instance court fully adopted the lawyer's arguments and ruled in favor of revoking the termination and continuing performance. After the company appealed, the second-instance court rejected the appeal and upheld the original judgment, resulting in three consecutive victories for the 12 workers from arbitration to second instance. This case demonstrates that workers have clear legal grounds to demand continued performance in the face of illegal terminations, and the key to proof lies in demonstrating that the termination lacks statutory grounds. The case was handled by Beijing Henglu Law Firm.Feng NaAttorney (Practice Certificate No.: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action suggestions: First, immediately fix the evidence after receiving the notice of termination, including the labor contract, payroll records, social insurance records, attendance records, notice of termination, and relevant communication records. For the relevant procedures, you can refer to the explanations providedLabor arbitration and work-related injury compensation1. The first step is to clarify the scope of the arbitration application. The content of the application should be specific and clear, avoiding ambiguity that might lead to the case being handled as a compensation case instead. 2. The second step is to articulate your legal claims. Those requiring continued performance should be clearly stated in the arbitration application to avoid being treated as compensation cases due to ambiguous wording. 3. The third step is to review whether the grounds for termination meet the legal requirements. The focus should be on verifying whether there is factual basis and whether the legal procedures have been followed. 4. Pay attention to the arbitration time limit. The statute of limitations for applying for arbitration in labor disputes is one year, calculated from the date when the party knows or should have known that their rights have been infringed. 5. You can claim rights such as unpaid wages, overtime pay, unpaid annual leave, and unpaid social insurance simultaneously. 6. If the employer refuses to comply with the judgment or award after it takes effect, you can apply for enforcement according to law. Keep monitoring the enforcement process.Creditor's rights and debts, and enforcement casesColumn. Legal basis: Article 7, Article 16, Article 39, Article 40, Article 48, Article 87 of the Labor Contract Law of the People's Republic of China (amended in 2012); Article 19 of the Implementing Regulations of the Labor Contract Law of the People's Republic of China (effective as of September 18, 2008); Article 27 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (effective as of May 1, 2008); the specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Reminder

First, after the illegal termination, the worker has the right to choose to demand continued performance or claim double compensation, and the choice lies with the worker. Second, reasons such as internal rectification and irregular procedures usually do not constitute statutory grounds for termination, and employers who dismiss workers on these grounds face high legal risks. Third, the registration with the human resources and social security department is just an administrative matter and does not affect the establishment and effectiveness of the labor contract. Fourth, to demand continued performance, there must be conditions that can be fulfilled, and whether the original position still exists is a key fact. Fifth, the arbitration statute of limitations is one year, and delaying may lead to limited claims. Sixth, the labor dispute process and evidence requirements are quite professional, so it is recommended to hire a lawyer as soon as possible to sort out the grounds for termination and the key points of evidence collection.

VI. Frequently Asked Questions

Q1: Can I ask to go back to work if I'm dismissed illegally?

Yes. According to Article 48 of the Labor Contract Law of the People's Republic of China, if the employer unlawfully terminates the labor contract and the employee requests to continue the performance of the contract and the contract can be performed, the employer shall continue to perform the contract.

Q2: How much money can I get if I don't want to go back to work?

According to Article 87 of the Labor Contract Law, if an employer unlawfully terminates the contract, they shall pay compensation equal to twice the amount of the economic compensation, commonly referred to as "double compensation". The specific amount shall be determined based on the employee's length of service and average monthly salary.

Q3: Is the labor contract still valid if it hasn't been registered?

It is valid. According to Article 16 of the Labor Contract Law of the People's Republic of China, the labor contract shall take effect once the employer and the employee sign or stamp the contract. The filing with the human resources and social security department is an administrative matter and does not affect the validity of the contract.

Q4: Can employees be dismissed during the inspection and rectification process?

Generally, this is not allowed. The rectification of inspection and supervision, and the irregular recruitment procedures usually do not fall under the statutory unilateral termination circumstances stipulated in Article 39 of the Labor Contract Law, so dismissing employees in this way may constitute an illegal termination of the labor contract.

Q5: What is the procedure for being unlawfully dismissed?

Labor disputes generally require first applying for arbitration to the labor and personnel dispute arbitration committee. If the parties are dissatisfied with the arbitration award, they may file a lawsuit with the people's court within 15 days from the date of receiving the award notice.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Feng Na·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.