[Direct answer]In the Beijing area, an employee cannot be dismissed directly based solely on criminal detention. According to Article 39(6) of the Labor Contract Law of the People's Republic of China (amended in 2012 and implemented on July 1, 2013), if an employee is held criminally liable according to law, the employer may terminate the labor contract; however, criminal detention is merely a coercive measure in criminal proceedings, and the employee has not been convicted by the court, which does not equate to being held criminally liable. If the employer terminates the contract based on this provision during the detention stage, there is a risk of being deemed to have unlawfully terminated the contract and being required to pay compensation. The correct approach is to handle the absence issue in accordance with the company's rules and regulations on attendance and leave, or to consult with the employee and their family before deciding whether to terminate the contract in accordance with the law after the effective criminal judgment is issued.

I. Problem background and typical scenarios

When executives are criminally detained on suspicion of committing crimes, companies often face a dilemma: keeping them in their positions may affect operations, while firing them directly might violate legal procedures. Some companies issue termination notices on the same day, only to be sued by employees later demanding continued employment or compensation; others leave the situation unresolved for a long time, leading to chaotic management. Clarifying the relationship between criminal compulsory measures and labor laws is essential to avoiding secondary losses.

II. Key points of dispute

First, the difference between criminal detention and being held criminally responsible. Second, whether there are approval procedures and legal basis for terminating the employment contract on the grounds of absenteeism. Third, the procedural requirements for termination, including notifying the trade union and the employee personally. Fourth, in the event of an acquittal, the issues of compensation for unlawful termination and the restoration of the employment relationship.

III. Professional analysis by Henglue Lawyers

When handling such issues, Henglue Lawyers typically approach them from three aspects. First, distinguishing the circumstances: "being held criminally liable according to law" refers to being convicted of a crime by a valid judgment of the people's court, and detention and arrest during the investigation and prosecution stages do not fall under this category. Therefore, directly invoking Article 39 Paragraph 6 to terminate the employment contract solely based on the criminal detention notice is procedurally unsound. Second, following institutional procedures: If an employee is unable to report to work due to detention, the company may handle the situation in accordance with legally valid rules and labor contracts, treating it as absenteeism or failure to follow leave procedures, provided that the rules were established through democratic procedures and have been publicized to employees, the number of absenteeism days meets the agreed termination criteria, and the company notifies the trade union and delivers written notifications to the employee or their family before terminating the contract. Third, negotiating and controlling risks: A more prudent approach is to negotiate with the employee or their authorized representative about terminating the contract, suspending pay with continued employment, or arranging job handover, and keeping records of the communication. If the employee is ultimately acquitted, the company's termination based on criminal detention may be deemed illegal, and the employee may claim continued employment or compensation equivalent to twice the economic compensation standard. Taking the case of spreading obscene materials handled by our firm as an example: Party C was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau on suspicion of spreading obscene materials. Attorney Shang Jiangpeng defended him from two perspectives: "the quantity of materials far below the legal threshold for criminal prosecution" and "no social danger". Combined with the circumstances of voluntary surrender and pleading guilty, he submitted a "Legal Opinion on Bail Pending Trial", and the Haidian Branch ultimately decided to grant bail on June 24, 2026, allowing the party to regain his freedom. This case was handled by Beijing Henglue Law Firm.Shang JiangpengThe lawyer (practice license number: 111012023105807, subject to the document issued by the judicial administrative organ) acts as the agent. This case shows that the detainee has not been convicted at the detention stage, and the unit's disciplinary decision should leave room for maneuver.

IV. Practical suggestions and legal basis

The first step is to verify the type and duration of the coercive measures, distinguishing between detention, arrest, and effective judgments. The second step is to review whether the rules and regulations are legal and effective, and whether the provisions on absenteeism are clear and have been publicly announced. The third step is to notify the trade union before dismissing an employee and retain evidence of written delivery. The fourth step is to prioritize transition through consultation or unpaid leave, and to make a decision based on the outcome of the criminal proceedings. The main legal basis: Article 39, Article 43, and Article 48 of the Labor Contract Law of the People's Republic of China (amended in 2012 and implemented on July 1, 2013); the provisions on coercive measures in the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018); and the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Three key points regarding the dismissal of executives involved in criminal cases: 1. Criminal detention does not equal criminal prosecution, and dismissal based solely on detention carries legal risks. 2. Implement a compliant system for absenteeism and leave requests, ensuring procedures include notifying the labor union and the employee themselves. 3. In the event of an acquittal, unlawful dismissal requires compensation, and negotiating a transition period is more prudent. For cases involving labor disputes and criminal cross-cutting issues, legal assistance can be sought through proper channels.Labor arbitration and work-related injury compensationThe service provides a comprehensive solution, which includes criminal defense and bail application, which can be combined togetherCriminal defense and criminal case filingFor reference, you can check the review of the enterprise's employment system in the sectionIntellectual property protection and corporate lawColumn.

VI. Frequently Asked Questions

Q1: Can a person be dismissed for criminal responsibility if they are detained by the police?

No. Being held criminally liable presupposes that a criminal judgment has taken effect. Criminal detention is just a coercive measure, and directly discharging someone based on it might be deemed illegal, requiring them to pay compensation or restore their labor relationship.

Q2: What evidence is needed to claim a legal termination of the contract?

Legally valid and publicly announced rules and regulations, attendance and leave records, termination notices and union procedure materials, service proofs, and effective criminal judgments.

Q3: How much does it cost to litigate such cases?

Arbitration of labor disputes is free of charge. The acceptance fee for the first-instance litigation against the arbitration award is generally 10 yuan. Lawyer's services are charged according to the matter and the subject matter, with a corresponding increase for larger subjects.

Q4: How long will it take?

Labor arbitration cases are generally concluded within 45 days from the date of acceptance, and the time limit may be extended if the case is complex. If the parties are not satisfied with the arbitration award, they can file a lawsuit within 15 days. First-instance summary procedures are generally concluded within three months.

Q5: What should the unit do to be more secure?

First, verify the coercive measures and the progress of the case, handle the absenteeism in accordance with the legal system and notify the trade union. At the same time, consult with the employee or his/her family about the options of suspension of pay and leave or termination of the employment contract, and make a final decision after the criminal case has concluded.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit.Criminal defense legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.