Job Discussion Forums

[Hermosillo]

People working illegally has really ruined work for foreign teachers here in Thailand. I would assume it is the same in China. There are so many similarities in the post I've read on this forum, and what happens in Thailand. A few years ago, some Canadians were told to go get fake degrees at a known spot in BKK. They were actually good teachers, according to the police. They were told to keep quiet, apologize, confess, etc...and they would walk free. They served six months in prison.....The school didn't even get a slap on the wrist.

I think if the only job offer I get in China, is one where I pay my own way, and come on a tourist visa....I'm gong to tell them I'll be there, and then do a no show. LOL. It's ironic that the Buddhist take so much pride in honesty, when, to me, it is like a part time job keeping them honest. The Global Financial Crisis has also had a negative impact on honest business. Over-charging is way more standard now than it used to be.

[coldcucumber]

[LarssonCrew]

I thought juice might be legit for a moment, but then the CFTU BS came up.

Sigh.

Do agree that many agencies are pure cheaters though.

[Riff Raff]

http://lawandborder.com/faq-new-china-visa-law/#WORKING_IN_CHINA

11. What are the penalties for unauthorized employment?



Persons or companies that illegally employ foreigners may be fined 10,000 RMB per foreigner, not to exceed a total of 100,000 RMB. Any illegal gains may be confiscated. (EEAL, art. 80). Prior rules allowed for fines not exceeding 50,000 RMB. (2010 Implementing Rules, art. 44). On a related note, if a foreign entity uses a foreign national (or a PRC citizen) to establish a representative office or conduct business activities of a representative office without registration, the registration authority may order it to suspend activities and impose a penalty of RMB 50,000 to 200,000. (Administrative Regulations on the Registration of Resident Representative offices of Foreign Enterprises, art. 35).

Persons or companies who introduce jobs to ineligible foreigners may be fined 5,000 RMB per job, not to exceed a total of 50,000 RMB for a person or 100,000 RMB for a company. Any illegal gains may be confiscated. (EEAL, art. 80).

Foreigners who have violated the immigration law may be given a deadline to depart voluntarily, if appropriate, or deported. A person who has been deported is not allowed to reenter for one to five, or 10 years in the case of “severe” violations. (EEAL, arts. 62 and 81). A foreign national is responsible to pay the costs related to his or her own deportation. If the foreigner is unable to afford the expenses and engaged in illegal employment, the work unit or individual employing the alien is responsible. (State Council regs, art. 32).

[doogsville]

I think the interesting, and most important part of the stuff below, is the repeated use of the words may be. In many cases you might as well replace them with 'is unlikely to be'. It's all down to guanxi in the end. Of course, as foreigners, we have no guanxi, so we will face the full penalty for our wrong doing. That's the chance you take when working illegally.

[Riff Raff]

Awesome reply, doogsville. I don't suggest anyone do it, but there is no fear among foreigners working for powerful people who do not try to get worker's a legal visa. I've heard numerous tell me not to worry about it. They that they're employer has power.

Your reply is honest. The other responses are a bit less so. Would the same people complain when a powerful person gets people to work illegally? No. To question someone in power may get him or her into trouble. Be legal, or don't come? Tell that to government offices that are hiring illegally. See where that gets you

[wangdaning]

Even if they said will instead of maybe/may, I doubt it would make a difference. People find ways of wiggling out of things. Getting busted for them might be a way to make some guanxi.

[Bud Powell]