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dean_a_jones
Joined: 03 Jul 2009
Posts: 1151
Location: Wuhan, China
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 Posted: Fri Jul 08, 2011 9:44 am Post subject: |
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Hey, its worked for me and second jobs, as well as others where I work as well, is all I am saying. That is not to say it could work for everyone, or anyone else. As far-fetched as it may seem, not every employer here is a complete tosser. You do your homework, ask the right questions, negotiate well at the start, speak to other teachers etc. and you should have a pretty good idea of the people you will be working for. You go the first place that offers you 4,000RMB a month and gushes over how handsome you are in your passport photo and how great their school is, that's your own fault.
OP--don't ignore the negative responses, they are certainly worth thinking about and often very much the truth. Just trying to give another perspective on what is possible. Just don't believe everything negative you read about China on the internet, here or elsewhere-- some schools are pretty decent places who try to do their best for their staff, and you can still search the word 'river' on the web here without the police coming to your house. |
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GeminiTiger
Joined: 15 Oct 2004
Posts: 999
Location: China, 2005--Present
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| Posted: Fri Jul 08, 2011 10:56 am Post subject: |
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Actually just ignore this guy. The question is this "Is part time work illegal for legal foreign experts?" The answer is usually yes it is illegal. The first reason is because the standard contract, provided by Beijing for foreign teachers states that partyB (YOU) will not accept part-time work. Your resident permit and foreign expert certificate is approved on condition of this contract, break that and break the legal right to be here.
The second reason is, no employeer without a license to hire foreigners is legally allowed to pay you or make a contract with foreigners. Bosses must pay/earn/kowtow for a license to work with laowai. Skipping this step is a serious issue for would be employee/employeerA/employeerB. (IE:your cheating EmployeerA who did the work to get that license and EmployeerB is cheating EmployeerA and the government by not paying "foreigner tax"
Despite this, most foreigners who live in China for more than 2 days do work illegally, and like most things in China it's only an issue if someone who has the power to do something about it feels it's an issue.
Last edited by GeminiTiger on Fri Jul 08, 2011 11:00 am; edited 1 time in total |
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Miles Smiles
Joined: 07 Jun 2010
Posts: 1294
Location: Heebee Jeebee
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| Posted: Fri Jul 08, 2011 10:59 am Post subject: |
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| Lobster wrote: |
You do this by putting a clause in your contract that states that you are allowed to do outside work if it does not conflict with your current employment. These conflicts would include working for a competitor or having your outside schedule prevent you from carrying out your regular duties.
RED |
One doesn't need such a clause. One needs expressed the permission of the FAO for each instance of extracurricular income source. A blanket clause in the contract is open to abuse. At the heart of the problem is the collection of income tax.
Where I work, companies that engage in international business are pushing their employees to improve their English. There are a LOT of them.
In addition, the illegal home-school is big business. They want a white face to appear an hour a day to lend credibility to the program. There are plenty of Chinese English teachers, but they have very little acceptance outside the school yard. Where I live I could make the equivalent of my monthly income in a week and a half.
The problem, again, is the reporting and collection of income tax. The problem is so pervasive in my city that I can't even deposit money to my savings account, transfer money or convert it. Every #@!*ing bank wants a form of proof of employment that my school cannot supply plus proof of paid income tax that includes (apparently) extra-to-contract work.
(Worse, my school doesn't want to get involved in any of my banking problems).
Companies that are not authorized to hire foreign experts cannot admit that they are hiring foreign experts because they'd get into trouble with the powers that be. Thus, they cannot remit tax or employment information, and they cannot allow an FT to say that he worked for the business entity.
There's probably a lot that I don't know about, but this is how it looks through my eyes after my own recent experiences. One thing of which I am sure is that my experiences will become more and more common throughout the more developed parts of the PRC as cities become starved for tax revenue.
Your Mileage May Vary |
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dean_a_jones
Joined: 03 Jul 2009
Posts: 1151
Location: Wuhan, China
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| Posted: Fri Jul 08, 2011 11:53 am Post subject: |
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| GeminiTiger wrote: |
| The question is this "Is part time work illegal for legal foreign experts?" The answer is usually yes it is illegal. |
SAFEA clause VI/2 (in the state issued contract everyone should sign, with Chinese and English inside) states that part-time work for another organisation is ok with permission, as I quoted above.
Anyway, the point is it's true that often people don't care unless you flaunt it, let it cause problems with your main job or have an issue with someone who then finds out about it and uses it against you.
The tax point adds another layer of complication into the matter, and not one I can offer much help on. |
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Non Sequitur
Joined: 23 May 2010
Posts: 4724
Location: China
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| Posted: Sun Jul 10, 2011 7:28 pm Post subject: |
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There is a Chinese expression 'one eye open, one eye closed'.
I have had some of my best private work from people in the FAO who would normally be the custodians and enforcer of contract rules.
Like a lot of things in PRC, just don't rub their noses in it and the eye looking your way will be closed |
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