Job Discussion Forums

lovesand · Joined: 13 Sep 2012 Posts: 30

Is it illegal to work part time (on the weekends) when you come to china on a Z visa?

Cheers

johntpartee · Joined: 02 Mar 2010 Posts: 3258

Not enough info. Are you coming in on the Z visa to work for a school full time? Is the weekend stuff not sanctioned by your primary employer? If so, it is technically illegal. Probably won't be enforced, though.

lovesand · Joined: 13 Sep 2012 Posts: 30

Yes, coming on a Z visa to work full time for a school.

It just got me thinking about the adverts the British Council puts up every now and then asking for ELTS examiners (if it is legal to hire people for part time work) and if working part time on a Z visa (in general) was a no-no.

lovesand · Joined: 13 Sep 2012 Posts: 30

If they catch you working part time, what would the implications be?

johntpartee · Joined: 02 Mar 2010 Posts: 3258

I don't know; whenever I do "extracurricular" tutoring, I get permission from my employer. Most of the time, the employer has been the one that sets up the extra stuff. If you were to get "caught" (unlikely), the worst case scenario would probably be 24 hours to get out of China.

kungfuman · Posted: Sun May 26, 2013 7:41 am Post subject:

Dude working part time is always considered illegal - according to the letter of the law. Doesn't matter if your employer knows or cares - depends if the police know or care.

With that said, do as you see fit but don't spread it that you are a part time worker or tell people your visa status.

Just know that IF the police find you the company that pays you to do the part time work will not stand by you at all. They will toss you under the bus faster than you can say Yangzhou Chow Fan.

doogsville · Joined: 17 Nov 2011 Posts: 924 Location: China

As far as I can tell your work permit only permits you to work for the company that is sponsoring your stay in China, i.e. your main employer. Some companies contracts expressly forbid you from working for anyone else, or at least doing any work that may be deemed as in competition with them.

The other issue with part time work is tax. If you're working for a company, they may or may not pay tax on your earnings. If not it's illegal, if they do then it leaves a paper trail that may come back to you at a later date. If they don't pay the tax but put your money in a bank account, it's checkable by the government who can both fine you and take the tax you owe. The only safe way is to do privates for cash. Even then if one of your students decides to turn you in then you could be in trouble.

kungfuman · Posted: Sun May 26, 2013 8:13 am Post subject:

^ I used to do some p/t work for New Oriental in Suzhou. The negotiations were always after-tax salary. They said they would pay any taxes. Since most of us worked less than the required hours equaling <4800 y a month for them, none of us cared.

The Suzhou tax bureau audited them and guess what? They got hit with some massive fines. Then N.O. came up with a pay scheme that told us how much we got paid before and after tax - but it never made sense to any of us.

ie' we agreed to get 200rmb an hour but the after tax payment was 179 an hour for up to xx hours, and it went on like that for various hour configurations. We all quit cause they never paid us correctly after that AND they made us sign these contracts there were 100% in New Oriental's favor and ZERO in ours. All for part time work.

My school told us one day that we should NEVER accept direct deposit for side work - whether they ok it or not - as it is too easy traceable. China don't need a warrant or court order to check your bank records. The school also said that the Tax departments are cracking down on side work where tax isn't paid. The BossMan said it isn't an issue of us working on the side - the issue is the gov't getting their $$$

doogsville · Joined: 17 Nov 2011 Posts: 924 Location: China

I've always figures that since I get the 4800 tax allowance on my salary from my legit job, that I would be liable for at least 10% tax on any additional earnings regardless of where they came from. I've never really looked into it properly, since I don't do privates any more. I've heard a few whispers recently though about the government cracking down on foreign tax dodgers ad avoiders. Perhaps we should all follow Apple and the rest of them and open accounts in the Cayman Islands.

Simon in Suzhou · Joined: 09 Aug 2011 Posts: 404 Location: GZ

I have NEVER known of anyone to get in trouble with the LAW for working a part-time job on the side in China. I've known a few people who have gotten in trouble with their employers, because they signed a contract which expressly forbid them from working on the side. In the few cases I knew of, breaking this clause was an EXCUSE to get rid of a bad teacher (i.e. other good teachers were known to be doing the same but no action was taken).

As others have said, most of my part-time work has come from bosses who hook me up outside the school, despite the clause in my contract. If you are discreet and not teaching at the competition next door, no one cares.

kungfuman · Posted: Sun May 26, 2013 1:10 pm Post subject:

^ I had a friend in Wuxi was doing some part time work in a school and Five -Oh rolled in. He didn't have docs for that school and they fined him. And hassled him. He paid and said some Hail Marys and he still to this day does side work.