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Recently, there has been a notable increase in clients reporting instances of being penalized for “illegal employment” in China. Such violations not only tarnish their personal records with the label of illegal employment but also lead to hefty fines. This situation significantly heightens the likelihood of visa rejections and imposes substantial inconveniences in their professional and personal lives in China. Let’s explore what actions can lead to illegal employment.
Part 1 Working and Getting Paid Without Proper Permits
1. Starting work Too Early
Some individuals commence their employment after obtaining a work permit but before receiving the corresponding work-type residence permit. Engaging in work too early grants one a VIP pass to illegal employment. It is crucial to wait until both documents are officially issued before beginning work.
2. Employment on Non-Work Visas
Working while on a short-term non-work visa such as a business, tourist, or family visit visa is prohibited. If discovered, one might face immediate expulsion from the country.
3. Internships on Student Visas
Foreign students must obtain a legal internship endorsement, informing both their educational institution and the immigration bureau before starting an internship. Failure to do so can lead to legal repercussions, fines, and a record of illegal employment.
4. Working on a Family Reunion Visa
Engaging in employment while on a family reunion visa and concealing one’s foreign status can lead to severe consequences, including deregistration, administrative penalties, and increased difficulties in applying for visas and permanent residency in China.
5. Teaching Without Qualifications
Particularly in English teaching, foreign nationals without the requisite qualifications are a primary target for scrutiny regarding illegal employment. The requirements for foreign teachers are increasingly stringent, and those lacking proper credentials are prohibited from teaching.
Part 2 Legal Work Permits Are Not Immunity
1. Exceeding Permitted Job Scope
Working beyond the scope outlined in the work permit and receiving compensation for such work not only constitutes a legal violation but can also complicate your professional reputation as a “troublemaker.”
2. Mismatch Between Job Description and Actual WorK
If the job role described in the work permit does not match the actual work performed, unexpected penalties can occur upon discovery.
Even with a valid work permit and residence permit, earning from undeclared side jobs is considered illegal income. Once detected, this can swiftly categorize you among those engaged in illegal employment.
4. Working for an Unregistered Employer
Using a work permit issued for Company A to work secretly for Company B can quickly attract the attention of immigration authorities.
5. Failing to Cancel Previous Work Permit
Starting a new job without canceling the previous work permit not only complicates the cancellation process but also affects the application for a new work permit. This can lead to increased difficulties in future applications if a legal infraction is recorded.
Foreign nationals must rigorously adhere to China’s employment regulations to avoid penalties and complications with their career and residency status. Ensuring all employment activities are authorized and documented is crucial for a smooth professional journey in China. For any visa-related inquiries, feel free to consult our professional advisor, Maggie. We aim to provide a safe harbor, ensuring that our foreign friends progress safely and smoothly on their career paths in China, free from unnecessary risks and complications.
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