How to Fire Ladyboys and Others Legitimately
Mon Dec 29, 2008 at 9:35 pm By Matt
China is getting fired up for massive layoffs, and while the country isn’t known to be the most politically or legally correct of nations, the following scenario isn’t advisable:
Boss Bob: You’re fired.
Worker Chris Zhou: What, why?
Boss Bob: Because you’re gay. Ha ha. No, er um, it’s not that, although we did sleep together. No, you see Chrissy, it’s nothing personal at all. You just have one of the worst contracts here, so it’s just easier to lay you off than the others. Ming bai ma (Understood)?
Worker Chris Zhou: Kiss off, Bob. You can expect to hear from my lawyer.
Boss Bob: Hey hey, Chrissy, no need to get all testosteroney. Look, if you want a chance at your job back, do me a favor and fire Big Johnson for me instead. You can cite underperformance as the reason.
Worker Chris Zhou: Hao ba (ok).
Firing people isn’t easy, but not being a stereotypical dumbass is nearly a good first step.
Wrigley China, after all, was sued earlier this year by a former Chinese employee claiming he was fired by the company for carrying the Hepatitis B virus.
The company’s response: Well, yep.
According to Wrigley’s China rep, the company terminated his contract to prevent the spread of the disease. Apparently, the rep didn’t see the movie Philadelphia. Granted, Philadelphia isn’t in China, but let’s face it people, the place is a little more international than before, especially after that whole er-ling-ling-ba nian thing (Olympics).
Meanwhile, although you might have realized now that China’s new labor contract law makes firing decisions more difficult, it’s probably not a good idea to mention that when you’re doing the deed.
Huawei “allegedly persuaded thousands of its long-serving employees to resign and then rejoin the company in a ploy designed to evade China’s new Labour Contract Law,” according to Ethical Corporation. While the employees took Huawei’s carrot, the government browbeat it with its own stick, launching an embarrassing investigation while it also dealt with China’s increasingly powerful labor unions. Ouch.
Let’s face it, firing isn’t easy on home turf. There’s no reason to think it’s going to be any easier on the China moon.
The Expert Expatriate offers some solid advice:
Abroad, [firing] can be more traumatic than firing someone at home. Many times, the job you have provided is not only the person’s livelihood but also that of his or her immediate and often extended family….
In some countries, especially developing ones, local people may view an employer as another part of the extended family. Often, their perception is that you have a lot and they don’t.
Since they have more, they assume that you will help them. They may not understand the straightforward approach of signing a contract, then terminating an employee when their contractual obligations have not been met.
In these situations, try to help them find another job or help in some other way; this will lessen the blow. It will appear to them that you have met your obligation as an employer.
The Expert Expatriate notes correctly that checking local labor law is a must, as is understanding the cultural context at play.
It’s with some distaste that we have to mention Donald Trump, who even has attempted to trademark the phrase, “You’re fired,” – words which made his TV persona famous.
Nonetheless, he does offer some advice that certainly applies to the China market with its omnipresent concern about losing face, including:
- Never fire someone when you’re angry or when other workers are present.
- Don’t let an employee bait you into losing your temper. If you feel yourself getting angry, immediately walk away and cool down. When you are completely composed, discuss the situation with someone who can give you objective advice.
- Never blow up in front of your employees. When you’re displeased with a worker, discuss your feelings with him or her privately, not in a public area where other employees might watch or overhear. If you’re concerned about meeting alone with the employee, have another member of your staff sit in. Meet in a neutral area - not your office - so you can get up and leave.
- At termination meetings, never get drawn into debates or arguments. Be civil, polite and businesslike. Expect the employee to be upset, so be direct and courteous, and give the employee an opportunity to speak.
Hopefully, you have good cause to fire someone, and if you do, “experts agree that honesty and directness are crucial,” according to the International Herald Tribune. “The manager should spell out exactly why the employee is being fired - with specifics.”
Now is not the time to enter into a Chinese negotiation. The employee may be three steps ahead of you, thanks to his or her connections, and may soon be pressuring you to get the job back. But being clear will keep the meeting less stressful, according to IHT.
Still, be willing to listen to employee grievances, IHT says. Now that the cannon is loose, you’ll probably get more than the ball rolling about what’s really going on in the workplace.
And remember, all firing begins with hiring, IHT notes. If the recruit shows up late for an interview, you’d be an idiot to fire them because of punctuality problems. You should have known that from the start.
Fire on Monday morning, IHT says, not Friday evening. Otherwise fired Freddy may be drafting lengthy emails to his lawyer on Saturday and Sunday rather than a lengthy resume for Toyota on Tuesday.



