what we think

By Tristan van Veen and Stacey Wu

On 27 March 2026, the Standing Committee of the Beijing Municipal People's Congress adopted the Measures of Beijing Municipality for the Implementation of the Trade Union Law (the "Beijing Measures"), effective 1 May 2026. The Beijing Measures strengthen trade union involvement across employment relationships in Beijing, with the greatest practical impact on employers being the introduction of a concrete five-day advance notification requirement to the trade union prior to any unilateral termination of an employment contract.

The Five-Day Notification Requirement

Although national law already required employers to notify the trade union before termination, that obligation was poorly defined and inconsistently followed, with some employers bypassing the trade union entirely. The Beijing Measures transform it into a concrete, enforceable procedure.

Under the Beijing Measures, the following rules apply:

• Notification obligation. Where a company plans to unilaterally terminate an employment contract, it must notify the company's trade union of the reasons five working days in advance. Where no trade union has been established, the higher-level trade union must be notified. For group companies whose subsidiaries have not established their own trade union, it is sufficient to notify the trade union at the parent or group level.
• Content of the notice. The written notice must set out the factual basis for the termination, the applicable legal grounds, and the supporting evidence, to place the trade union in a position to exercise its rights of verification, objection, and negotiation.
• Scope of application. The requirement applies across all grounds for dismissal, including serious misconduct, incompetence, major changes in objective circumstances, and economic layoffs. It applies equally during the probationary period.
• Trade union response. Upon receiving the notification, the trade union may raise an objection in writing if it considers the employer to be acting contrary to applicable law, regulation, or the employment contract. Where the trade union requests the employer to reconsider, the employer must give due consideration to that position and communicate the outcome in writing. The employer may proceed with the termination once the five-day period has expired, without requiring a response or approval from the trade union.

Broader Context: Expanding Trade Union Reach

The Beijing Measures form part of a broader effort to further strengthen the role of trade unions in coordinating labor relations and safeguarding employees' legitimate rights and interests. Several areas are addressed:

• Membership access. No worker may be denied the right to join or establish a trade union on grounds such as household registration, employment term or employment type. The prohibition extends to indirect forms of obstruction, including threatening termination, reducing wages, or withholding social security and housing provident fund contributions.
• Platform and dispatched workers. Dispatched workers and non-standard platform workers — including delivery riders and live-streamers — are expressly brought within the scope of trade union participation. Relevant authorities are required to work with trade unions to guide platform enterprises in standardising employment practices and to facilitate negotiations on matters including remuneration, order allocation, algorithmic rules, and labor protection.
• Disciplinary matters. Where disciplinary action is taken against an employee, the trade union may raise an objection if it considers the measure inappropriate. The employer must give due consideration to that position and respond in writing.

Legal Consequences of Non-Compliance

Where an employer fails to comply with the prescribed notification procedure, a labor arbitration commission or court may set aside a disciplinary measure if the employee brings a challenge, or find that a termination carried out without the requisite advance notice is procedurally unlawful — in which case reinstatement and payment of wages for the period of dispute may follow. Whether either outcome follows is ultimately at the discretion of the arbitration body or court concerned. Separately, employers who obstruct or restrict employees from joining or establishing a trade union may face penalties.

Conclusion

The core direction of the Beijing Measures is to further strengthen the role of trade unions in coordinating labor relations and safeguarding employees' legitimate rights and interests, placing greater weight on procedural compliance, collective dialogue, and employee participation in the workplace. The trade union is now a party whose position an employer must demonstrably have considered, and non-compliance carries meaningful legal risk. Employers in Beijing should invest in a constructive working relationship with their trade union and update their internal policies to embed trade union notification as a mandatory step in the employment termination process.

R&P's China employment team has been repeatedly recognized by the Legal500 as a leader in the field. Key focus areas include termination of senior management, mass redundancy projects, compliance investigations, and general employment law support. For more information, please reach out to the authors Tristan van Veen or Stacey Wu at [email protected] and [email protected], or your trusted contact at R&P China Lawyers.