Unfair dismissal occurs when an employer terminates an employee's employment for unfair or illicit reasons. In China it is illegal to dismiss a member of staff due to the following:
- Pregnancy, nursing or maternity leave
- Receiving prescribed treatment for illness or injury
- Suffering from occupational diseases or work related injuries
- Claiming violation of rules but with no evidence to back it up
These are all types of "unfair dismissal. A successful claim by an employee of "unfair dismissal" can result in restitution of damages for the loss incurred by the employee.