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Is it legal to have a side job?
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Trinley



Joined: 29 Apr 2010
Posts: 144

PostPosted: Thu Mar 17, 2011 5:49 pm    Post subject: Is it legal to have a side job? Reply with quote

I'm wondering if it would be legal to take a part-time job in China aside from the ESL job I came for. As I recall from teaching in China a few years ago, we're only allowed to work for the school that sponsored our visa -- is that right? Or does my visa belong to me and allow me to work for anyone who hires me? Almost everyone I worked with had a side job, and as I recall, it wasn't legal but it was kind of a don't-ask-don't-tell situation with the primary employer.

If I got my primary income, housing and visa from teaching ESL, could I work as a yoga teacher in my free time? (I know the income wouldn't be significant, but I'm not concerned with that.)

Thank you.
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slareth



Joined: 29 Jun 2010
Posts: 82
Location: Shandong

PostPosted: Fri Mar 18, 2011 1:29 am    Post subject: Reply with quote

If the school you work for is the reason you have a FEC, they own you. You usually can not work outside of the school without permission. (Check your contract) If you are working under any 'other' type of visa, you can do as you like but still you'll have risks. Some schools have been known to send out their staff to other schools to check if their teachers are working extra jobs. I know for a fact mine does.

As far as this thing goes, it actually sounds better in theory to not work legally. If you get caught by your employer and are working legally, they can cancel your visa and you'll likely have to leave the country. If working under any 'other' visa....you just get a new job.
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The Ever-changing Cleric



Joined: 19 Feb 2009
Posts: 1523

PostPosted: Fri Mar 18, 2011 1:59 am    Post subject: Reply with quote

yes, check your contract. some schools prohibit outside work, others do not. regardless, many people have part time jobs and i've never heard of anyone getting into hot water over it.
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TexasHighway



Joined: 03 Dec 2005
Posts: 779

PostPosted: Fri Mar 18, 2011 2:05 am    Post subject: Reply with quote

This is where there is such a blatant double standard between the Chinese and foreign teachers. It seems just about every Chinese teacher I know have other teaching jobs or outside business ventures. Sometimes, they even cancel classes to travel to others cities to pursue their business interests. If a foreign teacher can get away with making money on the side, more power to you.
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dog backwards



Joined: 27 Jan 2011
Posts: 178

PostPosted: Fri Mar 18, 2011 2:55 am    Post subject: Reply with quote

My contract states "... without the [school name here] consent, the foreign teacher may not render service elsewhere or hold concurrently any post unrelated to the work agreed upon by [school name here]..."

Some FAO's will arrange for paid extra work for you if you are a good teacher.

Others will tell you that you may only volunteer.

Others will tell you "no" outright.
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Laurence



Joined: 26 Apr 2005
Posts: 401

PostPosted: Fri Mar 18, 2011 3:39 am    Post subject: Reply with quote

but regardless of what you might or might not be able to get away with,

to answer the original post:

I am pretty sure it is illegal to receive untaxed and unregistered payment.

Also, i am pretty sure it is illegal to work for anyone other than the sponsors of your 'z' visa - employers need a license to hire foreign nationals as far as I know, doing so without one must be illegal.


I'm not referring to sources here, btw
just using common sense.
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The Ever-changing Cleric



Joined: 19 Feb 2009
Posts: 1523

PostPosted: Fri Mar 18, 2011 3:46 am    Post subject: Reply with quote

my contract says "part time is not prohibited but Party B should accept responsibility for any occurrences that happen during the part time work."

if you're worried about the police busting your door down because you took part time work, then best for you to not do it. someone else will quickly fill the void.

common sense? since when does that prevail in many instances here?
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choudoufu



Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC

PostPosted: Fri Mar 18, 2011 5:29 am    Post subject: Reply with quote

TexasHighway wrote:
This is where there is such a blatant double standard between the Chinese and foreign teachers. It seems just about every Chinese teacher I know have other teaching jobs or outside business ventures. Sometimes, they even cancel classes to travel to others cities to pursue their business interests. If a foreign teacher can get away with making money on the side, more power to you.



yebbut, they're like, um, citizens, and all. i haven't done the research,
but would expect that if a fur'ner goes to the us on a work visa
sponsored by a specific organization, then they would most likely
be restricted to working for that one entity. if a company were to
sponsor your work visa, i'd say they'd be a little miffed to find you
working for the competition, or competing on your own.
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flyingscotsman



Joined: 24 Mar 2010
Posts: 339
Location: Suzhou, China

PostPosted: Fri Mar 18, 2011 7:14 am    Post subject: Reply with quote

I think everyone I know does side work.

My school knows I do side work and they hire teaching to work here part time to make up for classes from the constant steam of quitting teachers.

The only time there was an issue was when the school organized a weekend trip AT THE LAST MINUTE ( how Chinese of them) and I told them I couldn't go because I had a prior commitment for Saturday HOWEVER if they gave me some advanced notice I could have changed my commitment. They outright asked me how much money I would get and I patiently explained to them it wasn't about money but I made a commitment to a friend to do some things for him.

But talk about IRONY - I interviewed with another university and they told me under no circumstances was side work allowed. Then when one of their teachers bailed on them they asked ME to come teach there for two days a week knowing well that I had a full time job.

My advice is simple: Take the part time job but DON'T advertise the fact to your students or ANYONE in your school that may make it an issue.
LOOSE LIPS SINKS SHIPS.
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lee_barttwater



Joined: 28 Jan 2011
Posts: 35

PostPosted: Fri Mar 18, 2011 7:38 am    Post subject: Reply with quote

If you have to ask a question, then you clearly did NOT read the contract or visa law.
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flyingscotsman



Joined: 24 Mar 2010
Posts: 339
Location: Suzhou, China

PostPosted: Fri Mar 18, 2011 8:42 am    Post subject: Reply with quote

lee_barttwater wrote:
If you have to ask a question, then you clearly did NOT read the contract or visa law.


And the purpose of your statement is????
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Trinley



Joined: 29 Apr 2010
Posts: 144

PostPosted: Fri Mar 18, 2011 2:13 pm    Post subject: Reply with quote

I don't have a contract yet. If I did, I would read it and know the answer. Wink

Anyway, thank you for all the useful replies. Since the part-time work I was thinking of is yoga teaching and not ESL teaching, I doubt my employer would be too miffed, since I would not be working for their competition. I do understand the legalities though. Cheers.
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dog backwards



Joined: 27 Jan 2011
Posts: 178

PostPosted: Sat Mar 19, 2011 12:02 am    Post subject: Reply with quote

If you teach in a public school or university, assume that your school won't allow you to do outside work.

Again, policies vary from school to school. Your contract will spell it out clearly.

Good luck
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clownshow



Joined: 19 Dec 2010
Posts: 181

PostPosted: Sat Mar 19, 2011 2:30 am    Post subject: Reply with quote

Work positions are visa specific.
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lee_barttwater



Joined: 28 Jan 2011
Posts: 35

PostPosted: Sat Mar 19, 2011 3:27 am    Post subject: Reply with quote

Trinley wrote:
I don't have a contract yet. If I did, I would read it and know the answer. Wink

Anyway, thank you for all the useful replies. Since the part-time work I was thinking of is yoga teaching and not ESL teaching, I doubt my employer would be too miffed, since I would not be working for their competition. I do understand the legalities though. Cheers.


Legally entering China to "teach yoga" would unlikely qualify for a Foreign Expert Certificate. I find it difficult to believe that China would even issue a Z visa for such a "job" anyway.

That being said, you are NOT entitled to have secondary work, paid or unpaid PER VISA LAW unless your primary employer specifically allows it in writing.

tsk tsk tsk
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