ShekouDaily | July 11, 2020
Earlier this week, the National Immigration Administration published a list of illegal employment scenarios based on real-life cases foreigners in China have been found in. We thought we’d share this with you as being caught in these may not only result in fines and detention, but also deportation.
“Unlicensed work” as a Tourist
Leo, a young man from country F, is an avid traveller. During a visit to China using a tourist visa, he learned that an “international” private school was recruiting foreign teachers. He figured he’d give it a shot, applied for the job, got it; and became a foreign language teacher of the school. Immigration police found out and Leo was fined 5,000 yuan, and the school that hired Leo was fined 10,000 yuan.
Paragraph 1 of Article 41 of the Exit and Entry Administration Law
Foreigners working in China shall obtain work permits and work-type residence certificates in accordance with the law. No unit or individual may employ foreigners who have not obtained a work permit or work-type residence permit.
Paragraph 1 of Article 80 of the Exit and Entry Administration Law
Foreigners who work illegally shall be fined no less than 5,000 yuan but not more than 20,000 yuan; if the circumstances are serious, they shall be detained for no less than 5 days but not more than 15 days and fined no less than 5,000 yuan but not more than 20,000 yuan.
“Multitasking” International Students
Luke did not go to school after obtaining a study visa. Instead, he was hired by a commercial organization who paid him 8,000 yuan per month to go to kindergartens to sell English books. Luke was caught by immigration police, sentenced to administrative detention for 10 days, and was fined 10,000 yuan. The commercial organization and kindergartens were fined 10,000 yuan and their illegal gains were confiscated.
Article 43 of the Exit and Entry Administration Law
Foreigners who engage in any of the following acts are deemed to have engaged in illegal employment:
- Those who have not obtained work permits and work-type residence permits to work in China;
- Those who work in China beyond the scope of the work permit;
- A foreign student who violates the regulations on the management of part-time work and study abroad and is working within the territory of China beyond the prescribed post scope or time limit.
Paragraph 3 of Article 80 of the Exit and Entry Administration Law
Anyone who illegally hires a foreigner shall be fined 10,000 yuan per person, and the total fine shall not exceed 100,000 yuan; if there are illegal gains, the illegal income shall be confiscated.
Greedy Boss
10 foreign performers from country W were to perform a dance performance in S province. Their application was approved but limited to performing only in City Y. In order to increase income, the team leader privately contacted an intermediary to add a performance in City N in the same province. They were caught by Immigration police and both the team leader and the intermediary were each fined 50,000 yuan and the illegal gains were confiscated.
Article 43 of the Exit and Entry Administration Law
Foreigners who engage in any of the following acts are deemed to have engaged in illegal employment:
- Those who have not obtained work permits and work-type residence permits to work in China;
- Those who work in China beyond the scope of the work permit;
- A foreign student who violates the regulations on the management of part-time work and study abroad and is working within the territory of China beyond the prescribed post scope or time limit.
Paragraph 2 of Article 80 of the Exit and Entry Administration Law
In the case of introduction of illegal employment of foreigners, the individual shall be fined 5,000 yuan for each person introduced who works illegally. The total amount shall not exceed 50,000 yuan; The fine for each unit is 5,000 yuan for each person, not more than 100,000 yuan in total; and any gains obtained illegally shall be confiscated.
“High Hopes”
Peter is an international student from country L. The people in his hometown have high hopes for him, but he cannot help but chase the pleasures of material comforts. During his studies, he found a part-time job online offering a monthly salary of more than 6,000 yuan, and so he lived a good life. However, the good times didn’t last long, as he was soon discovered by immigration police. He was fined, his illegal gains confiscated, and he was sentenced to leave the country. Peter was reluctant; however, and did not leave the country by the required time. Instead, he quietly went back to his old work. Within a month, he was again caught. This time, he spent 15 days in detention, was then deported, and is now barred from entering China for three year.
Paragraphs 1 and 3 of Article 62 of the Exit and Entry Administration Law
- Aliens may be deported if they meet any of the following circumstances:
- Those who have been ordered to leave the country within a specified period of time but do not leave the country within that time;
- Those who were not allowed to enter the country;
- Those who are illegally residing or illegally working;
- Violation of this law or other laws and administrative regulations requiring deportation.
Deported persons shall not be allowed to enter the country again within one to five years from the date of deportation.
“Stealing beams for columns” performance team
A performance group from country R obtained the proper permits for 30 foreign musicians to perform a symphony in City N. Before the performance, the immigration management police reviewed the cast list and found that 20 of the performers on the list had been changed. Nine of the other 10 were on a tourist visa; and only one with in compliance with the requirements of hte performance. Faced with such an unreliable performance group, the immigration police had no choice but to cancel the performance.
Article 4 of “Procedures for Foreigners to Complete Short-term Work Tasks for Entry”
Foreign cultural and performing groups and individuals who enter China for short-term commercial performances shall hold the approval document issued by the competent cultural department and a short-term work certificate in China. Foreigners who enter China to complete other short-term work tasks should hold foreigners issued by the Human Resources and Social Security Department Employment permit and work certificate.
Source: 对“歪果仁”非法就业行为说不！
