Job Discussion Forums

RiverMystic · Joined: 13 Jan 2009 Posts: 1986

I would have thought so. I have an admin person trying to swing this one, but I assume you can't teach legally in a school on a permanent, regular basis ona business visa, even if the contract is shifted to part-time status. Can someone confirm or deny this?

Cheers,

RM

JamesD · Posted: Sat Apr 04, 2015 12:31 pm Post subject:

If it's a foreign (non-Chinese) company or school that pays you through their foreign office then yes, that's what a business visa is for.
But I'll bite and reiterate the party line. Working for and being paid by a Chinese company requires a Z. Full or part-time.

Non Sequitur · Joined: 23 May 2010 Posts: 4724 Location: China

If the school paid you into your home country bank account it would be below the radar - but still illegal.

jimpellow · Joined: 12 Oct 2007 Posts: 913

Markness · Joined: 30 Dec 2009 Posts: 738 Location: Chengdu

It's not legal, but if I am reading what you said correctly (I just woke up, sorry), then they can't really stop you either. You are not legally an employee so there is nothing they can really do Laughing

toteach · Joined: 29 Dec 2008 Posts: 273

This must be how some schools get around the "over age 60" school Principal... (Get them a Business visa and pay money into an overseas account).

Non Sequitur · Joined: 23 May 2010 Posts: 4724 Location: China

Generous out-of-pocket refunds might be a way, but would hardly amount to a salary.
The big one would be airfare refund.
On balance I think Jim is right.

jimpellow · Joined: 12 Oct 2007 Posts: 913

From the Chinese Embassy:

"Some Americans run into serious legal problems with the Chinese government because they either work in China on tourist or other non-Z visas or they accept part-time employment or private classes without obtaining the proper permission. Violation of Chinese laws can result in severe penalties including imprisonment, fines of up to 500 RMB a day for overstaying a visa, or deportation. It is the employee’s responsibility to understand local laws and obey them."

From lawandborder:

"When is a Z (work) visa required, as opposed to an M (business) visa?

A Z (work) visa is required if a foreign national has a labor relationship with a PRC work unit. In addition, a foreigner with a foreign labor contract and foreign source of remuneration will need a Z (work) visa if engaged in work-like activities for 3 months or more. According to a Labor Department order:

For foreigners working (工作) in China, if the labor contract is concluded with a domestic work unit (in its legal place), regardless of how long the work in China will be, it will be considered employment (就业) in China. If the labor contract is concluded with a legal entity abroad, the source of compensation is abroad, and the work in China is for three months or more (not including foreign engineers and technicians and experts implementing a technology transfer agreement), it is considered employment in China, in which case an employment license should be applied for at the Labor Department’s license-issuing authority according to the Regulations, so a work visa should be applied for, as well as a work permit and residence permit."

roadwalker · Joined: 24 Aug 2005 Posts: 1750 Location: Ch

RiverMystic · Joined: 13 Jan 2009 Posts: 1986

Thanks. Some great and very direct responses here which answered the question.

RM

tlkdmc · Joined: 31 Mar 2015 Posts: 51

I am confused at the confusion. A business visa is a business visa. An employment visa is an employment visa. That simple.

asiannationmc · Joined: 13 Aug 2014 Posts: 1342

tlkdmc, YOU HAVE A REAL TALENT FOR THE OBVIOUS