To Expats: Attention! Ilegal Empoyment will Get Punished!

 WeChat ID: ijobchina

More and more people choose to come to work and live in China as the country is a vast world of opportunity. China has set procedures for foreigners working in China. If you want to make some money, obey the law, or you will face punishment.

The official WeChat account of the National Immigration Administration has shared several cases about foreigners' illegal employment. Let's take a look and know more about relevant regulations.

01. Work Without Permits

Leo loves traveling around the world. During his trip to China with a tourist visa, he happened to know an international private school was recruiting foreign teachers, so he applied for the job and successfully got it. 

As a result, Leo was caught by the police officers. He and the school were fined 5,000 yuan and 10,000 yuan respectively. 

© Image | GD Today

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 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.

02. The Multitasking Students

Luke is an international student, but he didn't go to school after obtaining a student visa. He was hired as a salesman and went to five kindergartens to teach, with a monthly salary of 8,000 yuan. 

Luke was sentenced to administrative detention for 10 days and was fined 10,000 yuan. The institution that hired him and the kindergartens were also fined 10,000 yuan, and their illegal gains were confiscated. 

© Image | GD Today

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 Item 3 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.

3. Work Beyond the Scope

A performance team of 10 foreigners went to S province for dance performances with the approval by the provincial culture department and the Approval of Short-term Employment for Foreigners Working in P.R. China, while the scope of their performances was limited in Y city. 

In order to increase income, the team leader privately contacted an agency to add another show in N city. 

The police officers find it out during the performances. In the end, the team and the agency were fined 50,000 yuan respectively and their illegal gains were confiscated. 

© Image | GD Today

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 Item 2 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.

4. REPLACE THE APPROVED LIST

Peter got a part-time job with a monthly salary of more than 6,000 yuan during his studies in China. He was soon noticed by the police and was fined and ordered to exit China within a prescribed time limit. 

However, Peter was bitter about the punishment. He didn't leave as required and, on the contrary, worked again. A month later, he was caught again, being sentenced to administrative detention for 15 days and was repatriated. He was not be allowed to enter China for three years. 

© Image | GD Today

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

Article 62 Item 1&3 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.

5. REPLACE THE APPROVED LIST

A performance team has organized 30 performers for a symphony concert in N city and obtained the relevant permit according to law. Before the performance, the police checked the performers' documents and found that there were 20 performers not on the performance list. What's more, the visas that nine of the other 10 performers held were tourist visas. 

In other words, only one performer in the team complied with the regulations. The police immediately halted the show.

© Image | GD Today

Relevant Handling Procedures for Foreign Nationals' Entry into China to Perform Short-Term Work Assignments

Article 4 Foreign performing groups and individuals coming to China for short-term commercial performance shall hold an approval document from Chinese government authorities for cultural affairs and the Approval of Short-Term Employment for Foreigners Working in the P.R.China; those coming to China for other short-term work assignments shall have an Alien Employment License and employment certificate.

Law-abiding foreigners in China have no need to worry-Chinese FM

China’s Ministry of Foreign Affairs said foreigners in China have no need to worry as long as they obey the law, and their legitimate rights and interests are guaranteed in accordance with law, refuting a warning by the Australian government that their residents could face “arbitrary detention” if they go to the Chinese mainland.

Zhao Lijian, spokesperson of the foreign ministry, said on Tuesday at a press conference that the Chinese government has always guaranteed the safety and legitimate rights and interests of foreigners in China in accordance with law.

Foreigners in China have no need to worry about their safety and legitimate rights and interests as long as they obey the law, Zhao noted.

Zhao urged Australia to maintain an objective and fair attitude, be discreet in its words and deeds and do more things conducive to the development of China-Australia relations.

Zhao’s comment came after the Australian government on Tuesday issued a new travel warning against China, saying Australians could face “arbitrary detention” if they go to the Chinese mainland.

The China-Australia relationship is at its worst moment in the past two decades.

China's Ministry of Culture and Tourism issued a travel alert on June 5, warning Chinese people not to travel to Australia, as the country has seen a significant rising trend of racial discrimination and violence against Chinese and other Asian people due to the pandemic.

China's Ministry of Education issued an alert on June 9 to Chinese students who are about to study, or prepare to return to Australia for their studies, after the country saw a spike in racial discrimination against Chinese people amid the COVID-19 pandemic.

Anyway, if you want to make a fortune in China,
please follow the rules and Chinese Law.
 Good luck, Guys.

Source:  NIA / Govt.ChinaDaily / GD Today/HACOS瀚客/globaltimes

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