He Got Caught Working Illegally, but He Doesn’t Know Why

In the morning of September 8th, the Shimen Police Station of Jinxi County Public Security Bureau received a report about a foreigner illegally working for a bilingual kindergarten in Xiugu Town, Jinxi County. The Shimen Police Station immediately took actions and rushed to the bilingual kindergarten.

Image: yourbengo.jp

When the police arrived, they saw the foreigner teaching in one of their classrooms and immediately proceeded with an arrest. The police found the male foreigner was named Paul Olanba Oladayo from Nigeria.

On October 24th, 2017, he entered China through the immigration of Guangzhou Baiyun International Airport as an exchange student of Finance and Economics at Jiangxi University.

In May 2018th, in Nanchang,  he was introduced to an agent as a foreign teacher by an English Communication Club. Later, under the introduction of the agency, he went to the bilingual kindergarten to engage in teaching activities. 

However, Paul Olanba Oladayo was not a certified or qualified teacher because he was still on his student visa. When he was caught for illegal employment and intentionally violating the Article 80 of the Exit and Entry Administration Law of the People’s Republic of China, he faced a RMB 5,000 penalty, which is clearly stated in the law.

Legal consequences of illegal employment

According to the Exit and Entry Administration Law of the People’s Republic of China, foreign employees who fail to obtain work permit and residence permit as required may be prohibited from residing or working in China illegally. In such case, both the employer and employee will be punished accordingly by the relevant authorities.

Punishments on foreigners illegal residence

1. Warning

2. Cash Penalty of RMB 500 per day for illegal residence, with a cap of RMB10,000 in total

3. Detention of less than 15 days

Punishments on foreigners illegal employment

Employee

Warning, with a fine of RMB 5,000 but no more than RMB 20,000;

Where the consequences are serious, they shall be detained for not less than five days and not more than fifteen days and shall be fined with cash penalty not less than RMB 5,000 but not more than RMB 20,000.

Middle person(Entity)

Persons who introduce jobs ineligible foreign employees shall be fined ranging from RMB 5,000 to RMB 50,000 for each illegal job introduction.

Entities that introduce jobs to ineligible foreign employees hall be fined ranging from RMB 5,000 to RMB 100,000 for each illegal job introduction; and any illegal gains shall be confiscated.

Employer

Entities that illegally employ foreign employees shall be fined ranging from RMB 10,000 to RMB 100,000 for each illegally employed foreign employee; and any illegal gains shall be confiscated.

Image: http://nb.zol.com.cn

If the consequences above are serious, the foreign employee may be expelled and not allowed to enter China for a period of one to five years, calculating from the date of the banishment.

The case of illegal employment we mentioned at the beginning happens in a rural countryside with less civilization, but ineligible foreign employee was still caught by the police, so what would it be in big cities?

Source:  http://jx.ifeng.com/a/20180910/6871206_0.shtml

Individual Income Tax Brochure for Expatriates Working in China, HiTouch

Editor: Crystal Huang

Co-editor: Ed Bellin

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