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Work Visa with one, but work with two different employers

 
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englishgibson



Joined: 09 Mar 2005
Posts: 4345

PostPosted: Tue Apr 10, 2007 4:26 am    Post subject: Work Visa with one, but work with two different employers Reply with quote

Yet another thread on such a topic. I understand that there are many threads on the given topic. Would you guys be able to enlighten me on the issue of one foreign teacher with a Residency Permit for purpose to work in China who works for two employers? I realize that one employer arranges the work visa and that is probably well noted at the police station. Given the circumstances that the employer agrees with the employee to work elsewhere too, how illegal is it if the other center has all the permits to hire foreign staff Confused And, if the other center signs a legal contract with this fella Confused

Peace to all
and
cheers and beers to all hard working FTs in China Very Happy
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Steppenwolf



Joined: 30 Jul 2006
Posts: 1769

PostPosted: Tue Apr 10, 2007 1:35 pm    Post subject: Reply with quote

I guess it's a simple feat of maths: One job one hundred percent legal, two jobs with contracts = 200% legal, etc.
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China.Pete



Joined: 27 Apr 2006
Posts: 547

PostPosted: Tue Apr 10, 2007 4:36 pm    Post subject: Second Jobs, One Residence Permit Reply with quote

"How illegal is it if the other center has all the permits to hire foreign staff and, if the other center signs a legal contract with this fella?" - English Gibson

It's my understanding that the work permit goes with the employer/contract, so working for a second employer might technically be illegal. That said, I suspect that the immigration authorities are more concerned about undocumented workers than about who you are documented to. As an example, you work for a couple of months at a new employer until your old residence permit expires (assuming you finished your first contract "early") before transferring your jobsite and residence renewal over to the new employer. In the case of a second job, the most likely risk would be if the employer were raided. But the chances of that would, I think, be minimal if their other workers were legit.
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englishgibson



Joined: 09 Mar 2005
Posts: 4345

PostPosted: Tue Apr 17, 2007 1:37 pm    Post subject: Reply with quote

That's exactly my understanding too, China Pete. Any local PSB has got all foreign workers employers registerations and so they know who works for who, I'd suppose.
I agree that authorities are concerned about those illegal or "undocumented" workers much more than those foreign workers with their proper stamps in passports.
I still wonder about those two individual centers with proper licensing, where one foreign teacher gives lessons regularly with the full knowledge of either employer. Confused
China Pete, thanx for your point of view
and
cheers and martinis to the great Chinese laws that are as clear as my martini itself tonight Very Happy
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lostinasia



Joined: 11 Apr 2007
Posts: 466

PostPosted: Fri Apr 20, 2007 12:44 pm    Post subject: Reply with quote

It always bugs me when people think that just because you will likely not be caught violating the law that that makes it just dandy to do.

Then again, nothing is illegal unless you get caught I guess.
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Yu



Joined: 06 Mar 2003
Posts: 1219
Location: Shanghai

PostPosted: Fri Apr 20, 2007 1:00 pm    Post subject: Reply with quote

My legal employer referred me to my second job.
I see no problem with this.
With my second job, I signed something related to paying tax. I had no idea what it was.
Rules in China are more in a grey area than a black and white one. I think as long as both employers agree, there should not be any conflict on intrest.
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lostinasia



Joined: 11 Apr 2007
Posts: 466

PostPosted: Fri Apr 20, 2007 2:24 pm    Post subject: Reply with quote

I won't quote the national "empolyment' contract but yes, it states that you cannot work for another employer without the permission of your contractual employer. So yes, you can indeed have additional jobs if it's agreed to by your visa sponsor employer.

Yes I spelled employment incorrectly as many copies of the national contract are spelled as I put it in the quotation marks.
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englishgibson



Joined: 09 Mar 2005
Posts: 4345

PostPosted: Sat Apr 21, 2007 6:08 am    Post subject: Reply with quote

what's "national contract" Confused
are you reffering to the SAFEA one there???

peace to our threesomes and their benefits
and
cheers and beers to chinese "employment" laws for laowais Very Happy
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