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Expats, say 'NO' to illegal employment, or get punished

2020-July-9       Source: Newsgd.com

Wanna make a fortune in China? Look at the following examples that are adapted from real cases, find out how to avoid falling into traps, and be a law-abiding expat!

In recent years, an increasing number of expats come to work and settle down in China. However, without a working knowledge of the legalities, some will break the regulations on expats working in China.

Wanna make a fortune in China? Look at the following examples that are adapted from real cases, find out how to avoid falling into traps, and be a law-abiding expat!

Case 1: Work without permits

Leo is a savvy global traveller. During his visit to China on a tourist visa, he accidentally found out that an international private school was recruiting foreign teachers and successfully became a teacher in the school. Caught by the public security authorities, Leo and the school were fined 5,000 RMB and 10,000 RMB respectively.

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

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.

Article 80 Foreigners who work in China illegally shall be fined not less than 5,000 RMB but not more than 20,000 RMB; 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 5,000 RMB but not more than 20,000 RMB.

Case 2: "Multitasking" foreign student

Luke is an international student. He didn't go to school after obtaining a student visa. Instead, he was hired by a company to sell English textbooks. The company introduced him to teach in 5 kindergartens, and paid him 8,000 RMB per month.

In the end, Luke was sentenced to administrative detention for 10 days and fined 10,000 RMB. The company and the kindergartens were fined 10,000 RMB and their illegal gains, including profits, 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.

Article 80 Individuals or entities that illegally employ foreigners shall be fined 10,000 RMB for each illegally employed foreigner, with a cap of 100,000 RMB in total; and the illegal gains, if any, shall be confiscated.

Case 3: Work beyond the scope prescribed in the work permits

A group of 10 foreign performers obtained approval from the culture department of S province and the Approval of Short-Term Employment for Foreigners Working in the People's Republic of China, and were allowed to perform only in Y city. In order to increase income, the group leader contacted an agency to get another show in N city without permission. They were caught during their show in N city, the group and the agency were fined 50,000 RMB respectively, and all their illegal income was 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.

Article 80 Persons who introduce jobs to ineligible foreigners shall be fined 5,000 RMB for each job illegally introduced to one foreigner, with a cap of not more than 50,000 RMB in total; and entities that introduce jobs to ineligible foreigners shall be fined 5,000 RMB for each job illegally introduced to one foreigner, with a cap of 100,000 RMB in total; and the illegal gains, if any, shall be confiscated.

Case 4: Illegally reside or work in China

Peter was a foreign student in China. During his study period, he got a part-time job on the internet with a monthly salary of over 6,000 RMB . Soon spotted by the immigration police, he was fined and ordered to leave China within a specified period of time. Peter wasn't reconciled to the punishment and continued working instead of leaving the country. Within less than a month, he was caught again. After a 15-day administrative detention, Peter was deported for his violation of immigration laws and shall not be allowed to reenter China within 3 years.

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

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.

Case 5: Illegal replacements

A performing group from R country gained a permit to organize 30 performers to stage a symphony show in N city, China. Before the show, immigration police reviewed the performers' credentials and found out 20 performers weren't on the approved list, 9 of the other 10 were on a tourist visa, and only one complied with the law. The show was halted by the police.

Relevant Handling Procedures for a Foreign National's Entry into China to Complete a Short-Term Work Assignment

Article 4 Foreign performing groups and individuals coming to China for short-term commercial performance shall hold an approval document from cultural authorities concerned and the Approval of Short-Term Employment for Foreigners Working in the People's Republic of China; those coming to China for other short-term work assignment shall have an Alien Employment License and employment certificate.

Click and read more:

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

Rules for the Administration of Employment of Foreigners in China

 

Author: Monica, Hannah

Editor: Wing, Jerry

Graphic: Mia

Source: National Immigration Administration

Editor: Hannah

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