Attention PLEASE!! Will YOU be regarded as the unlawful employment in China?!

Wednesday, 04 March 2015 09:44

We found that these years the local public security pays more attention on the foreigner’s lawful employment in China. According to Article 41 of Law of the People's Republic of China on the Administration of Exit and Entry, it mentions that where a foreigner works in China, he shall obtain a work permit and a work-related residence permit as required. Entities or individuals are not allowed to employ foreigners without work permits and work-related residence permits. The foreigner can only work in China after he/she obtains a Z-visa.

Generally, a foreign who meets the below requirements can apply for a work permit and Z visa.

  • 18 years of age or older and in good health;
  • with professional skills and working experience required for the work of intended employment
  • with no criminal record
  • a clearly-defined employer;
  • with valid passport or other international travel document in lieu of the passport.

But local government may add certain additional conditions, for instance, if the foreigner is not working as the legal representative or investor, Shanghai adds an age limitation, that is male generally should be between the age 18 and 60, and female between 18 and 55.

As to unlawful employment of foreigners in China, Article 43 of Exit and Entry Administration Law of the People's Republic of China provides in detail that any of the following acts of foreigners shall be deemed:

  • Work in China without obtaining work permits or work-type resident permits in accordance with relevant regulations;
  • Work in China beyond the scope prescribed in the work permits; or
  • 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.

The requirements in practice go stricter but we found some foreigners use other ways to stay in China for a working purpose. We are now reminding you of it and you should pay more attention.

  • If you take an M visa for business visiting and trade activities, you had better NOT visit the Chinese subsidiary too frequently (more than accumulative three months per year).
  • If you have a Z visa under the name for Company A, you can only for company A. If you left Company A (OR transfer to work for Company B), you should report to the labor bureau and make the change formalities (to change the company name or change the kind of visa) at once.
  • If you have a Z visa issued by Shanghai immigration bureau, you cannot work in other cities.
  • If you obtained a two-year visa for family reuniting purpose, and after you find a job, you should change it into a one-year Z visa.
  • If you work for a civil organization, you should apply for the professional license instead of a work permit.

If you are found involving in any unlawful employments, both your company and you will be fined RMB5, 000 or more. You will still also have the bad record on the exit and entry into China or even restriction to entry into China within five years.

Please pay attention to renewing your visa before thirty days of its expiration. For any late renewing, the penalty will also be caused at the rate of RMB500 per day or even to you will be exiled out of China.



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