[Direct answer]In the Beijing area, the reasons stated by the employer in the termination notice serve as the basis for determining whether the termination is legal. If the reasons stated in the notice cannot be substantiated, even if the employer's actual reasons are legitimate, arbitration tribunals and courts will typically rely on the reasons stated in the notice to determine the termination as illegal. According to Articles 39, 40, and 41 of the Labor Contract Law of the People's Republic of China regarding statutory termination circumstances, the employer must bear the burden of proof for the reasons stated in the termination notice. The key rule is "fixed reasons and no subsequent changes". It is recommended that workers keep the original termination notice. For more details, please refer to the following link:Labor arbitration and work-related injury compensation services.

I. Problem background and typical scenarios

In practice, employers often write "poor performance" on the dismissal notice due to negligence or strategic considerations, but actually want to terminate the contract on the grounds of "serious disciplinary violations"; or they write "major changes in objective circumstances", but the real reason is retaliation against the employee. Typical scenarios include: HR staff mistakenly using a template to write the termination clause; first letting the employee leave under the guise of negotiation, and then supplementing with a notice with a different reason; and the employer changing the reason at the last minute during arbitration to try to justify their actions. These "misstated reasons" precisely become a breakthrough for workers to fight back. In cases involving disputes over contract terms, the parties may refer to the relevant provisions of the Labor Contract Law to resolve the dispute.Business and contract dispute services for enterprises.

II. Key points of contention

There are three key points of contention. Firstly, the reason must be specific: judicial practice generally adopts the principle that "the reason stated in the notice of termination takes precedence", and the employer cannot cite different reasons in litigation. Secondly, the burden of proof lies with the employer, who must prove that the stated reasons are valid. Otherwise, they will bear the consequences of illegal termination. Thirdly, there is a risk of template-based mistakes: citing the wrong legal provisions or vaguely writing "violation of rules and regulations" without specific clauses often leads to losing the case due to unclear references. In the judicial practice of Beijing, the court strictly reviews the grounds for termination cited by the employer, and if the reasons are unclear, the court will rule that the termination is illegal. For matters involving enforcement, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Law Firm

Based on practical experience, writing the wrong reason for termination is the most common "self-digging pit" for employers. According to the relevant provisions of the Labor Contract Law and judicial rulings, the content of the notice shall prevail in determining the intention to terminate the contract, and the true reasons claimed by the employer afterwards shall not be subject to review. When handling such cases, Henglu Law Firm will strictly adhere to the original content of the notice and require the employer to provide evidence for each fact and legal provision mentioned therein. Once the employer fails to prove the reasons stated in the notice, it will constitute an illegal termination, and the employee may claim compensation or demand continued performance of the contract. For notices with vague and template-like reasons, lawyers will directly question their relevance. In cases involving complex employment arrangements, lawyers may seek assistance from relevant experts to clarify the legal issues involved.Special services and other case services统筹。

IV. Practical suggestions and legal basis

The core basis is Article 39 (dismissal due to fault), Article 40 (dismissal without fault), Article 41 (economic layoffs), and Article 43 on procedural provisions of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012). Practical advice: Workers must keep the original notice of termination and not accept oral or vague dismissal notices; employers should ensure that the reasons stated in the notice are specific, backed by corresponding evidence and system-based justifications, and avoid using template-based or vaguely defined statements. For those involving system compliance reviews, they can refer to the relevant provisions.Beijing Henglu Law FirmWith the support of the local government, the project has received special funding and other forms of assistance.

5. Henglu Law Firm's Reminder

For employees, the notice of termination is the best evidence—it confirms the employer's reason for termination, and courts typically do not support the employer's subsequent retraction of the reason. It is recommended that employees not rush to sign and confirm the "voluntary resignation" after receiving the notice, but first verify whether the reason and the facts match. For employers, writing the wrong reason is equivalent to giving the initiative to the employee, and the notice should be reviewed by legal affairs or lawyers before issuance. The arbitration statute of limitations is one year, and if the reason is found to be inconsistent, the claim should be raised as soon as possible. For further evaluation, please refer to the relevant materials.Labor arbitration and work-related injury compensation services.

VI. Frequently Asked Questions

Q1: If the unit provided the wrong reason in the notice, can I definitely win the case?

It's not inevitable, but you have the initiative. The arbitrator will base his decision on the reasons stated in the notice, and the unit cannot change them afterwards. If the unit cannot prove that the stated reasons are valid, it constitutes an illegal termination, and you can claim compensation or continue to perform the contract. However, if the reasons stated by the unit are supported by evidence (for example, it is indeed a serious violation of discipline and the system is complete), it may still be legal. The key lies in the original notice and the evidence provided by the unit, rather than their true motives.

Q2: If the employer's justification is incorrect, what evidence should I prepare?

The key is to obtain the original notice or a confirmed record of dismissal, which establishes the employer's reason for terminating the employment contract. This should be supplemented with the labor contract, company rules and regulations, payroll records, and communication records to refute the employer's unfounded claims. If the employer changes its grounds during the arbitration process, you can emphasize that "the notice shall prevail". It is recommended to preserve all written and electronic evidence to prevent the employer from altering or denying its actions.

Q3: How much are the attorney's fees for cases like this usually?

Labor arbitration does not charge case acceptance fees; attorney fees are negotiated by law firms and charged on a per-case or percentage-of-the-disputed amount basis, subject to the terms of the engagement contract, with no nationwide standard pricing. The amount typically refers to the compensation you can claim. It is recommended to clarify whether the fees include subsequent litigation to avoid potential misunderstandings. You can first conduct a one-time evaluation of the reasons for the notice and then decide whether to formally hire a lawyer.

Q4: How long does it take from applying for arbitration to getting the result?

The arbitration case shall be concluded within 45 days after its acceptance, and the time limit may be extended by 15 days if the case is complex; the first-instance ordinary procedure and summary procedure for appeals against the arbitration award shall be concluded within six months and three months respectively. If the employer attempts to change the grounds for the lawsuit during the trial, the court will review the notice in accordance with the original content, which may prolong the evidence-presentation period. The whole process usually takes several months to a year. It is recommended to initiate the arbitration as soon as possible to avoid exceeding the one-year statute of limitations for arbitration.

Q5: If I receive a dismissal notice with incorrect reasons, what should I do first?

Here are the four steps recommended: 1. Immediately take photos or make copies of the original dismissal notice and keep them, and do not sign any "voluntary resignation" documents. 2. Compare the reasons stated in the notice with the actual facts and company rules and regulations to identify any inconsistencies. 3. Apply for arbitration within the one-year statute of limitations, claiming that the reasons stated in the notice should prevail, and that the company's failure to provide evidence constitutes a violation of the law. 4. If necessary, hire a lawyer to secure evidence and organize a defense.

The above answer is based on the judicial practice in Beijing. 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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Hengluo 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. If you encounter disputes, please consult a practicing lawyer in time.