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Work Permit to teach in China.

Job Discussion Forums Forum Index -> China (Job-related Posts Only)

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kel57

Joined: 19 Jan 2006
Posts: 1
Location: China

Posted: Mon Jan 23, 2006 3:49 am Post subject: Work Permit to teach in China.

I have just signed a contract to teach in Guangzhou and was just wondering if anyone knows if the work permit and or resident permit are only for the one school you sign up for. I recently was looking into teaching in Taiwan and they are very very sticky about teachers only working at the one school they sign up with. If the teacher were to work elsewhere, they risk deportation and fines. I was just curious if this rule is also in Mainland China.

tw

Joined: 04 Jun 2005
Posts: 3898

Posted: Mon Jan 23, 2006 4:34 am Post subject: Re: Work Permit to teach in China.

kel57 wrote:

I have just signed a contract to teach in Guangzhou and was just wondering if anyone knows if the work permit and or resident permit are only for the one school you sign up for. I recently was looking into teaching in Taiwan and they are very very sticky about teachers only working at the one school they sign up with. If the teacher were to work elsewhere, they risk deportation and fines. I was just curious if this rule is also in Mainland China.

Do a search on moonlighting discussions. Two are www.eslcafe.com/forums/job/viewtopic.php?t=27703 and www.eslcafe.com/forums/job/viewtopic.php?t=28736

The FEC entitles you to teach legally for an employer and for that employer only. On the surface, the RPF doesn't say who your legal employer is, where you live, etc but it is more than likely stored on the issuing PSB office's computer system. Many FT's do moonlight and whether that is right or wrong has been debated over and over again, so I am not going to get into that. While many employers forbid their FT's working anywhere else, many also either don't care, or ask their FT to tell them. The one thing that nobody should do is signing a contract with two different employers.

Employers who forbid their FT's working elsewhere will either fine the FT, or terminate the contract and ask the FT to pay a hefty penalty for breaching of the contract. [DELETED]

Last edited by tw on Mon Jan 23, 2006 6:00 am; edited 1 time in total

HunanForeignGuy

Joined: 05 Jan 2006
Posts: 989
Location: Shanghai, PRC

Posted: Mon Jan 23, 2006 5:40 am Post subject: Re: Work Permit to teach in China.

tw wrote:

kel57 wrote:

Do a search on moonlighting discussions. Two are www.eslcafe.com/forums/job/viewtopic.php?t=27703 and www.eslcafe.com/forums/job/viewtopic.php?t=28736

The FEC entitles you to teach legally for an employer and for that employer only. On the surface, the RPF doesn't say who your legal employer is, where you live, etc but it is more than likely stored on the issuing PSB office's computer system. Many FT's do moonlight and whether that is right or wrong has been debated over and over again, so I am not going to get into that. While many employers forbid their FT's working anywhere else, many also either don't care, or ask their FT to tell them. The one thing that nobody should do is signing a contract with two different employers.

Employers who forbid their FT's working elsewhere will either fine the FT, or terminate the contract and ask the FT to pay a hefty penalty for breaching of the contract. Of course, once the contract is terminated, the employer can also go to the PSB and terminate the FT's RPF and thus forcing the FT to leave China in a hurry at his/her own expense.

Dear TW,

There is a serious little piece of misinformation in what you write and I think that I can speak to the fact.

Barring a serious felonious occurence, an employer cannot simply ask the PSB to terminate a resident permit. This is an issue which I have had to deal with over and over again since I have been in China, albeit not for myself. Unless a FT for some reason beyond all comprehension were to personally accompany the employer to the PSB and personally consent to a termination of the resident and thus work permit, it does not happen and what you write is neither grounded in law nor custom.

At my current university a teacher from New Zealand broke his contract for personal reasons and left early. The University attempted to cancel his resident permit and the PSB would not consent. What the PSB did explain, however, was that as a matter of practice, the FT had thirty (30) days to find a new place of employment and register the change of status. It was pointed out that this thirty (30) day period for change of status could be renewed upon notice to the PSB.

Additionally, at a previous university in another province, an FT walked off the job for different reasons, like having his pay cut in half. The administrator threatened to have his resident and work permit lifted, and again, it did not happen and the PSB would not do it.

There is a matter of law, a matter of custom and a matter of practice, and they are all quite distinct items. Nonetheless, what you wrote is disinformational and not grounded in either law, fact nor practice. The employer can under the law lift the Foreign Expert Certificate.

Thank you.

Hunan Foreign Guy

Spiderman Too

Joined: 15 Aug 2004
Posts: 732
Location: Caught in my own web

Posted: Mon Jan 23, 2006 6:12 am Post subject:

Quote:

klasies

Joined: 04 Mar 2003
Posts: 170
Location: China
Posted: Sun Dec 04, 2005 6:29 am Post subject:

--------------------------------------------------------------------------------

Spidey two

My son had the correct new multi entry "Z" visa and Foreign Experts Book from school A. What he did was find extra work at school B. School B was not anthorised to employ foreigners. School A was unaware that he was working at school B.

Bottom line both he and school B denied that he had been working for money. They told the PSB that he, my son, was working for free for the benefit of the children in school B. They didn't believe him but they couldn't prove that he was getting paid.

Result: He was told to stop or face deportation and school B was fined heavily.

School A was pis sed at him and fined him 1000 yuan and warned him never to do it again. The fine of 1000 yuan was part of his contract with school A.

He left school A shortly afterwards because of personality differences with the owner. He is now in Shanghai working for a middle school as well as 3 other places, two schools as well as some corporate teaching, all with the blessing of his school and the local PSB. Go figure. China is a land of contrasts and contridictions.

In 2004 I had a second job at a school that was not licenced to employ foreigners, and never experienced any problems. I have done 3 summer camps on the unexpired period of my Foreigner Residence Permit, and never had any problems.

klasies' report is the first time I have heard of a foreign teacher having a problem with the authorities due to working at a second job; but that doesn't mean to say that it's not happening everyday of the week and simply not reported on this forum.

I know of teachers that have been arrested and fined for working without a Foreigners Residence Permit but even then, they weren't deported.

I think that you're more likely to get grief from your main employer (subject to the terms and conditions of your contract and general disposition of your employer) rather than the authorities.

Notwithstanding, klasies' son's Hainan incident is a reminder to us all that working a second job is, in fact, illegal even though it seems to be tolerated in many provinces.

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