Gambling generally will not be dismissed by the unit, provided that the perpetrator's gambling behavior does not constitute a crime and has not been investigated for criminal responsibility. If the perpetrator constitutes a gambling crime and is investigated for criminal responsibility according to law, the employer may terminate the labor contract.
Legal basis
Article 39 of the Labor Contract Law, if a worker has any of the following circumstances, the employer may terminate the labor contract: (1) it is proved that the employee does not meet the employment conditions during the probation period; (2) Seriously violating the rules and regulations of the employing unit; (3) Serious dereliction of duty or engaging in malpractice for selfish ends, causing major damage to the employing unit; (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of his own unit, or refuses to correct after being proposed by the employer; (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law; (6) Being investigated for criminal responsibility according to law.