¥

Before tax, including bonuses and allowances

Previous-year average monthly wage ¥12,116.00

Result

¥120,000.00 after tax

8 months × ¥15,000.00

Length of service
7 years 6 months 0 days
Economic compensation (N)
¥120,000.00
Gross total
¥120,000.00
Tax-free limit (3× average annual wage)
¥436,176.00
Income tax
¥0.00
Net amount received
¥120,000.00

Service before the Labor Contract Law took effect in 2008 follows the rules of that time, and some regions differ in case law and local rules. Depending on the reason for termination (e.g. resigning yourself), there may be no compensation. In a dispute, consult a labor arbitration committee or a lawyer.

How it is calculated

N = full years of service + (1 if the remainder is 6 months or more, 0.5 if less) Compensation = N × average monthly wage over the last 12 months If the wage > 3 × local average: wage = 3 × local average, and N is capped at 12 N+1 = compensation + one month of last month's wage (pay in lieu of notice) 2N = compensation × 2 (damages for unlawful termination) Tax = (total − local average monthly wage × 12 × 3) × rate − quick deduction (excess only, annual table)

When N, N+1 or 2N applies

TypeTypical situationsLegal basis
NTermination by mutual agreement proposed by the employer, termination for business reasons (difficulties, restructuring), or the employer not renewing on equal or better terms when the contract endsLabor Contract Law Arts. 46 and 47
N+1Termination for illness, inability to do the job or a major change in circumstances without 30 days' written noticeLabor Contract Law Art. 40
2NUnlawful termination by the employer (damages instead of compensation)Labor Contract Law Art. 87

Resigning yourself or dismissal for serious misconduct normally carries no economic compensation.

City average wages and caps (used for 2026)

CityPrevious-year average monthly wage (yuan)Wage cap (3×)Tax-free limit (3× annual)
Beijing12,116 (derived)36,348436,176
Shanghai12,57737,731452,772
Guangzhou14,311 (171,731 a year)42,933515,193
Shenzhen16,157 (193,881 a year)48,471581,643

Beijing's notice does not state the average wage, so it is derived as the social insurance cap ÷ 3. Shanghai uses the 2025 all-employer average; Guangzhou and Shenzhen use the statistics bureaus' 2025 on-duty employee averages. The tax-free limit is 3× the annual average, using the published annual figures for Guangzhou and Shenzhen. The average actually applied can differ by region and court.

Examples

Things to keep in mind

FAQ

How is length of service counted?

From the start date to the last working day. One month per full year, one month for a remainder of 6 months or more, half a month for less than 6 months. Example: 3 years 2 months = 3.5 months.

Can I get both 2N and N+1?

If you receive 2N damages for unlawful termination, you do not also receive compensation. Whether pay in lieu of notice is added varies by case and region and follows the labor arbitration or court decision.

Is economic compensation taxed?

Up to 3× the local previous-year average annual wage it is tax-free, so most payments carry no tax. Only the excess on large payments is taxed.

Basis and sources

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