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With the rapid development of China's economy, there are more and more foreigners coming to work in China. As we all know, foreigners who work legally in China must obtain work permit and residence permit for work, but there are still many enterprises who think they are legally allowed to work as long as they have a valid document. Today, we will share with you what are the common misconceptions of enterprises in hiring foreign employees?
Working in China without a Work Permit or Work Residence Permit
According to Article 41 of the law of the people's Republic of China on entry and exit administration: 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.
Case 1: An international student from country A, did not go to school after obtaining a study visa, but was hired by a commercial organization to sell English textbooks. The organization sent him to five kindergartens to attend classes and he received a monthly salary of 8,000 Yuan. Then he was seized by the police of the immigration management bureau.
Case 2: A young man from country A, is a senior tourist. When he came to China on a tourist visa, he accidentally learned that an "international" private school was recruiting foreign teachers, so he applied with the attitude of "having a small try” and successfully became a foreign language teacher of the school, only to be caught by the immigration police.
Those who illegally employ foreigners shall be fined 10000 Yuan for each person they illegally employ, and the total fine shall not exceed 100000 Yuan; if there is any illegal income, these income shall be confiscated. If a foreigner is employed illegally, he shall be fined no less than 5000 Yuan but no more than 20000 Yuan; if the circumstances are serious, he shall be detained for no less than five days but no more than 15 days and fined no less than 5000 Yuan but no more than 20000 Yuan.
Working in China beyond the Scope of Work Permit
According to Article 43 of the law of the people's Republic of China on entry and exit administration: 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;
- (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.
Case 1: Hold work permit and residence permit for work of Company A and work for Company B. For example, Company B does not have the recruitment qualification (such as the school-running certificate), and the foreign employee can only be recruited through qualified Company A;Or A and B company has a high degree of association and so on, with the idea that it's all "family" anyway, and so on.
Case 2: Hold work permit issued by Company A but residence permit for work issued by company B for employment. For example, foreigner leaves his job in Company B and goes to Company A, and Company A helps him with the work permit, but company B previously helped him get residence permit for five years, it has not expired yet, so it continues to use the work-type residence permit of Company B.
According to the relevant regulations, if the foreign employee goes through the employment procedures, he/she must work in the same employer, and both certificates
In addition to the cases mentioned above, it is more common to only apply for a foreigner's work permit and not apply for a work-related residence permit as required. This usually happens after the applicant has held a long-term residence permit in China, such as a two-year or five-year residence permit for reunion, and has obtained a Work Permit for Foreigners in China. Due to the pressure of no visa expiration and busy work, it took a long time before they remembered. In addition, some people feel that the 5-year reunion residence permit is better than the one-year work residence permit, and they are not willing to exchange the short-term one. They think it is a residence permit anyway, and they have obtained the work permit, so it doesn't matter whether they exchange the residence permit or not.
Another common misconception is that only work residence permits have been obtained without work permits. Some people apply for residence permit for work after they entering China with Z visa, without the pressure of visa expiration and unfamiliar with the policy, they do not continue to apply for work permit as required, only when they are told to show their work permit for the extended residence permit for work, they work out what the problem was.
To sum up, the work permit and the work-type residence permit must be complete, both of which are indispensable, and they must be handled in the name of the same employer and only work for this employer. Otherwise, they are suspected of illegal work.