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Say no to illegal employment opportunities!

Jul 10, 2020

 

In recent years, with the ground China has gained in the international market, more and more foreigners are choosing to work in China. But are they all choosing to work there legally?


Here is a series of illegal employment cases involving foreigners who were investigated by the immigration control police. (The following stories are all based on real cases. The names have been changed to protect the identities of these individuals.)


An "undocumented" travel enthusiast

Leo, a lover of travel, once came to China on a tourist visa and discovered that an international private school was looking for a foreign teacher. He decided to try out for the job interview and was successfully hired as a foreign language teacher. Then he was caught by the immigration police and fined 5,000 yuan, and the school that employed Leo was fined 10,000 yuan.

Exit and Entry Administration Law of the People’s Republic of China

(Paragraph 1 of Article 41)

Foreigners who work in China shall obtain work permits and work-type residence permits in accordance with relevant regulations. No entities or individuals shall employ foreigners who have no work permits or work-type residence permits.

Exit and Entry Administration Law of the People’s Republic of China

(Paragraph 1 of Article 80)

Foreigners who work in China illegally shall be fined not less than RMB 5,000 but not more than RMB 20,000 yuan; where circumstances are serious, they shall be detained for not less than five days but not more than fifteen days and shall also be fined not less than RMB 5,000 yuan but not more than RMB 20,000 yuan.


An International student as a “multi-tasker”

Instead of attending classes after getting his student visa, Luke, an international student, was hired by a commercial organization to sell English textbooks. The commercial organization sent him to five kindergartens to teach, and he received 8,000 yuan per month. While Luke was dreaming of making a fortune, he was caught by the immigration police. And he was sentenced to 10 days of administrative detention and fined 10,000 yuan. The commercial organization and kindergartens that employed him were both fined 10,000 yuan and their illegal gains were confiscated.

Exit and Entry Administration Law of the People’s Republic of China

(Article 43)

Any of the following acts of foreigners shall be deemed unlawful employment:

  (1) Work in China without obtaining work permits or work-type residence permits in accordance with relevant regulations;

  (2) Work in China beyond the scope prescribed in the work permits; or

  (3) Foreign students work in violation of the regulations on the administration of foreign students working to support their study in China and work beyond the prescribed scope of jobs or prescribed time limit.

Exit and Entry Administration Law of the People’s Republic of China

(Paragraph 3 of Article 80)

Individuals or entities that illegally employ foreigners shall be fined RMB 10,000 yuan for each illegally employed foreigner, with a cap of RMB 100,000 yuan in total; and the illegal gains, if any, shall be confiscated.


A “self-assertive” group leader

Ten foreign dancers of a foreign performance group went to a Chinese province to give a dance performance, they lawfully received approval from the province’s Cultural Department and the foreigner's certificate of short-term work, but the performance permit was limited to one particular city. In order to increase income, the group leader privately contacted the intermediary to add a performance in another city of the same province, but was discovered and investigated by immigration police during the performance. The performance group and the intermediary were each fined 50,000 yuan and their illegal earnings were confiscated.

Exit and Entry Administration Law of the People’s Republic of China

(Article 43)

Any of the following acts of foreigners shall be deemed unlawful employment:

  (1) Work in China without obtaining work permits or work-type residence permits in accordance with relevant regulations;

  (2) Work in China beyond the scope prescribed in the work permits; or

  (3) Foreign students work in violation of the regulations on the administration of foreign students working to support their study in China and work beyond the prescribed scope of jobs or prescribed time limit.

Exit and Entry Administration Law of the People’s Republic of China

(Paragraph 2 of Article 80)

Persons who introduce jobs to ineligible foreigners shall be fined RMB 5,000 yuan for each job illegally introduced to one foreigner, with a cap of not more than RMB 50,000 yuan in total; and entities that introduce jobs to ineligible foreigners shall be fined RMB 5,000 yuan for each job illegally introduced to one foreigner, with a cap of RMB 100,000 yuan in total; and the illegal gains, if any, shall be confiscated.


A “persevering” foreign student

Peter is a foreign student who has high expectations from the people back home, but he was indulged in pursuing materialistic pleasures. During his studies, he found a part-time job through the internet, with a monthly salary of more than 6,000 yuan. However, he was soon caught by immigration police, fined, and his earnings were confiscated. Then, he was ordered to leave the country. After being punished, Peter was reluctant to leave the country as required. Instead, he secretly restarted his job and was caught again within one month. He was deported after 15 days of administrative detention and was not allowed to enter the country within three years.


Exit and Entry Administration Law of the People’s Republic of China

(Paragraph 1&3 of Article 62)

Under any of the following circumstances, foreigners may be repatriated:

  (1) Are ordered to exit China within a prescribed time limit but fail to do so;

  (2) Are involved in circumstances in which they are not allowed to enter China;

  (3) Illegally reside or work in China; or

  (4) Need to be repatriated for violation of this Law or other laws or administrative regulations.

  Repatriated persons shall not be allowed to enter China for one to five years, calculating from the date of repatriation.


A “fraudulent” performance group

A foreign performance group organized 30 foreign performers to join in an orchestra in a particular city and obtained the performance license lawfully. Before the performance, the immigration police examined the credentials of the performers and found that 20 performers had their names changed on the show list. Nine of the other 10 were holding tourist visas and only one performer was in compliance with the requirements for the performance. The immigration police immediately called off their performance.


The Related Regulations of the Procedures for Foreigners of Short-Term Employment(Article 4):

Foreign performing groups and individuals who enter China for short-term commercial performance shall hold the approval document and the short-term work certificate issued by the competent culture department in China; those who enter the country for other short-term employment shall hold the employment license and work certificate issued by the ministry of human resources and social security.


Do you know more about legal employment in China?

Be sure to follow immigration and employment law.

[Source]: National Immigration Administration


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