Job Discussion Forums

[OnTheRun]

Picking up a teaching job in China used to be a carefree activity, which required little more than showing a copy of your passport and/or diploma. The pay was not so good, but you could count on a light teaching load and a lot of free time. However, as I am sure some of you are aware, the Chinese government has recently upgraded the rules by which foreign nationals may live and work in China. There are new rules with respect to visa status and residence.

However, as many of you more than likely don’t know, the Chinese government has concurrently introduced a policy where by non-citizens living and working in China are now being actively arrested and indefinitely detained in prisons. The policy involves in part, the strict enforcement of what are in fact, old rules:

http://www.chinatoday.com/law/LABOR.HTM

and the addition of new rules:

http://lawandborder.com/faq-new-china-visa-law/

This is to say that if you are a foreign national working/ living in China, and you are either suspected of breaking a law, or associated with someone/institution who has broken the law, or have in fact broken a law, there is a good chance that you will be either: A) Arrested and Fined, B) Arrested, Fined and Imprisoned, or C) Arrested, Fined, Imprisoned and Deported. By breaking the law, I mean more than just the classic, murder, shoplifting, drug peddling, etc, etc. This includes working without the proper employment documents; knowingly or unknowingly.

I, myself have just finished spending 10 days in a prison on the outskirts of Beijing. I was escorted to this place by the local police as a result of my now former employer, Beijing University of Technology and Business waiting to almost the end of June, to apply for the necessary employment documents (residence permit and foreign expert certification) on my behalf. My superiors did this despite having all the documents needed to complete the process in January, which was two months before school actually started. To make a long story short, I was sent to prison for my university’s tardy handling of paper work. Upon arrival, I was given a quick physical and a faded yellow and blue prison uniform.

While in this anonymous penal colony, I met a diverse collection of individuals, who had ran afoul of China’s new policy. There where Americans, Albanians, Russians, Malaysians, Ghanians, Italians, French, Liberians, Koreans, Nigerians, etc, etc as well as local Chinese.

Based on the understanding that I was able to ascertain while in residence, the typical Chinese inmate was spending, on average ten days behind prison bars for such offenses as gambling, public brawling, working in Beijing without a permit, etc...

In contrast, the average foreigner had no idea when he or she would be released, although 30 days seemed to be the common theme; and, furthermore was often unsure as to exactly which law(s) he or she had broken: working without a work permit vs working without a residence permit. There were people there who had failed to register at their local police station. There were people who had been given the wrong visa/work permit by their employers. There were people there, who while on vacation had been recruited by schools with the promise of easy money. There were business people there who had made paper work errors....

Inside the prison we (both the Chinese and Foreigners) were confined to overcrowded (13-15 people) cells which offered a shared toilet and shower area. We received hot water twice a day and meals three times a day. We were routinely stripped searched and verbally abused during the course of my stay. While neither the Chinese, nor the foreign inmates were allowed to contact family members via phone or email, this restriction was a major handicap to the attempts by foreigners to resolve their legal troubles, and a double blow to their mental stability as well, as most had no idea when they would be leaving. So, in effect you had/have a group of people who had just disappeared.

Without a doubt, I think we can all agree that each country must be allowed to enact its own laws and form of governance based on its unique cultural belief system. And, as guest we must try to follow them. On the other hand, almost any idea can be taken too far, as this one most certainly has...

Of course the best way to avoid the possibility of personally experiencing this nightmare would be to either flee China via the next smoking jet; or, simply by avoiding working there. However, as many of you have been in the Middle-Kingdom for awhile and have educational and business, as well as personal and financial ties to China I assume most of you will try to stick it out. And as some of us have to find work, where we can find work, there will be those who are willing to try their luck. For those of you who do decide to give it a go, my advice for you is:

1) Take your passport everywhere you go:

Being unable to show your passport when asked is grounds for arrest in China; and, if you are arrested you will need your passport to get released from custody and/or deported. If you don't have it, you will have to wait for the police to go to your home and get it. And this delay will work to keep you in prison even longer.

2) Stay in regular contact with your family:

Develop a plan whereby if you fail to contact your parents after two or three days, they will then contact your embassy and/or local friends.

3) Try your best to never work on a tourist visa, business visa or student visa:

The members of this group was the largest contingent at the prison.

4) Try your best to never work part-time:

It seems to be illegal, based on the size of this contingent at the prison...

5) Never buy a work visa:

If you are found working at any place other than that which your work permit specifies
you can be arrested.

6) Register with your embassy in China:

It’s best to let your family and embassy know where to come looking for you. And furthermore, at the prison there is/was a strong correlation between a lack of embassy assistance and enjoying a long tenure.

7) When in doubt run.....

If you are contacted by the local police, with respect to what seems to be either an innocent inquire or an official investigation, run, run, run! Yeah, it may be just a warning or a fine, but on the other hand it might be “prison time”(And by the way, try to your best to avoid the immigration police at all cost.).

8. Avoid doing business directly with Chinese nationals:

Yeah this may sound racist, but if there are any problems or disputes, it will be you going to prison, not your business partner(s). If possible get a trusted friend or spouse to be the middle man...

9) Keep emergency cash handy:

Once again based on what I could gather, it would seem that a "bank transfer of cash", in a range somewhere between 5,000 to 15000 RMB ($800-$2,400) might be difference between prison time and just a verbal warning.....

10) Follow the law:

During my time abroad, I have noticed that foreigners are rarely treated as equals. More times than not, they are allowed to break social taboos and norms which locals are required to follow. So often while abroad, you find a number of foreigners who have become a bit spoiled by the celebrity treatment. Those days are over in China...

Have a nice day my friend....

Cheer's,

Freeman

p.s: If still in doubt: http://beijing.usembassy-china.org.cn/acs_teach.html

Edit: Here are a couple of more links

http://world.time.com/2012/10/25/scenes-from-inside-chinas-prison-system/photo/1-2/

http://danwei.org/crime/a_foreigners_life_in_a_beijing.php

[The_Kong]

Thanks for posting your story, a very vivid reminder to follow the laws of the country your in.

There's no need to try not to work on tourist visa, just don't do it. People tempted by a quick buck end up in jail, a little hard to feel sorry for people who don't follow the laws when I and everyone at my school has been able to for more than a decade.

I did have one question about your story though, I don't quite understand how your former employer being tardy resulted in you being imprisoned.

Were you already in China and transferring to a new school or did you arrive on a tourist visa and then get a job?

I was given a warning several years ago for being late renewing my residence permit, despite my excuse of 'well the company I work for was supposed to handle that' the cop simply said 'your residence permit, your responsibility'. I couldn't really argue with that.

[Bud Powell]

Picking up a teaching job in China used to be a carefree activity, which required little more than showing a copy of your passport and/or diploma.

When was this?

[OnTheRun]

[The_Kong]

[OnTheRun]