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The Legality of Private Tutoring on a Z-Visa

 
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amemorylost



Joined: 22 May 2009
Posts: 29

PostPosted: Sat May 26, 2012 9:25 pm    Post subject: The Legality of Private Tutoring on a Z-Visa Reply with quote

I was surprised to find there was no sticky on this topic and was wondering if anyone could provide a definitive answer. My confusion lies in the fact that a lot of employers(and I would guess posters here will too) suggest that teaching outside of the company/university/organisation that sponsors your visa is against the terms of said visa, but on the other hand the standard SAFEA contract includes a clause that states ' Without Party A's consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A.', which seems to me to suggest that it would be legal to teach elsewhere if you do get the permission of the organisation that sponsors your visa.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Sat May 26, 2012 10:34 pm    Post subject: Reply with quote

Quote:
it would be legal to teach elsewhere if you do get the permission of the organisation that sponsors your visa


Correct.
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vikeologist



Joined: 07 Sep 2009
Posts: 600

PostPosted: Sat May 26, 2012 10:58 pm    Post subject: Reply with quote

Not exactly legal, but nobody is going to worry about it. Teaching for another school part-time is something that may get you in trouble if the Police decide to take an interest.

But the title of this thread was private classes.
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choudoufu



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

PostPosted: Sun May 27, 2012 2:01 am    Post subject: Reply with quote

nobody really knows. so the answer to your question is 'it depends.'

my understanding is that visa law stipulates that no outside work
is permitted, not even volunteer work. you are authorized to
work only at your sponsoring organization.

safea has additional policy guidelines that appear in the standard
contract. i'm not sure whether safea policy carries force of law.
guidelines are policy suggestions....just recommendations.

if safea 'law' conflicts with visa law, which would take precedence?
i would assume visa law trumps safea guidelines in court.

'legally,' outside classes and private tuition are all illegal, regardless
of safea contract wording. (what's a contract worth here?)

but this is china. laws are not enforced uniformly throughout the
country, or throughout a province, or even across some cities. you
should be able to 'get away with it' in some places, but not in
others. depends on the province, the political situation (visa
crackdown), your school's history, shake-up in the local government,
or new police chief, or time since latest lunar eclipse.
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zactherat



Joined: 24 Aug 2011
Posts: 295

PostPosted: Sun May 27, 2012 2:38 am    Post subject: Reply with quote

Private tutoring is not legal.


Obviously being paid unofficially in cash is tax evasion.
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macroidtoe



Joined: 27 Jul 2010
Posts: 128

PostPosted: Sun May 27, 2012 5:02 am    Post subject: Reply with quote

Another teacher and I used to do a little private tutoring for a kid in our neighborhood, but since we weren't really sure about what was ok as far as getting paid, we just told his parents they could pay us by making dinner for us when we came over. (Although really, I guess even that probably isn't legal.)
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Javelin of Radiance



Joined: 01 Jul 2009
Posts: 1187
Location: The West

PostPosted: Sun May 27, 2012 5:40 am    Post subject: Reply with quote

Private teaching outside of your main job is prohibited in lots of countries, but that never stops people from doing it. Having said that working outside your main job here in China is infinitely easier than in a few other countries in this region.

amemorylost, you'll find private work easy to come by here, and you might also find people at your own school are the ones sending it your way. Where I am we get calls every now and then from our FAO to do private work outside our school, more-so during holidays. FAO just gives us the contact number for the person, we negotiate the time and payment on our own, and we proceed.
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kev7161



Joined: 06 Feb 2004
Posts: 5880
Location: Suzhou, China

PostPosted: Sun May 27, 2012 5:54 am    Post subject: Reply with quote

Wouldn't working summer camps on your non-expired Z visa or Residence permit be pretty much the same thing? I imagine some people come to China only for summer camp work and get a tourist visa while here. However, others (like I have done in the past) who renew at their current school have a renewed residence permit in their passport and just run off and work in the summer whenever and wherever. My school knows I have done this with nary a word spoken or any cautions thrown in. "See in you in September!" have been parting words.
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The Edge



Joined: 04 Sep 2010
Posts: 455
Location: China

PostPosted: Sun May 27, 2012 6:00 am    Post subject: Reply with quote

OP: Nobody legally works on a Z Visa apart from whilst during a short and legal transition period.
They work on a residence permit.
The Z visa is 'hopefully' converted into one of these by the employer within 30 days of you entering China on a Z Visa which is an entrance visa only.
If you are already here and working legitimately on a residence permit then you should know the score.
Private's are just extra pocket money and are not legally included within the perameters of the residence permit that has been exclusively sponsored by your school.
Generally, nobody really cares though unless your school thinks that you could have taken business from them.
Hope this helps.
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sainthood



Joined: 15 Nov 2010
Posts: 175
Location: Somewhere over the rainbow

PostPosted: Sun Jun 03, 2012 6:55 am    Post subject: Reply with quote

I have thought this question as well. I thought ALL outside work was illegal (China's criminal laws) as against just going against a contract (civil law).

So, what about all the IELTS examiners? Aren't they working illegally??
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Non Sequitur



Joined: 23 May 2010
Posts: 4724
Location: China

PostPosted: Mon Jun 04, 2012 3:24 am    Post subject: Reply with quote

Javelin of Radiance wrote:
Private teaching outside of your main job is prohibited in lots of countries, but that never stops people from doing it. Having said that working outside your main job here in China is infinitely easier than in a few other countries in this region.

amemorylost, you'll find private work easy to come by here, and you might also find people at your own school are the ones sending it your way. Where I am we get calls every now and then from our FAO to do private work outside our school, more-so during holidays. FAO just gives us the contact number for the person, we negotiate the time and payment on our own, and we proceed.


Javelin is right.
Back in 2004/05 when I was a newbie I was told by the FAO that I must abide by the contract to the letter. I was dealing with the most party-faithful of the staff. Often referring to the 'People's this or that'.
One lunchtime after visiting the FAO to pick up mail I was walking back to the lift lobby and clattering after me in her high heels was her highness.
After buttering me up for a few minutes she asked if I would do some private lessons for a businessman friend who was emigrating to Canada.
He wasn't looking forward to his interview at the Canadian Embassy.
I agreed and beside RMB150 p/h which was pretty good for that time, he and his family would take me to an upscale restaurant.
His application documents were completely fictitious and included letters of recommendation from various big shots which he proudly told me he had written himself.
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randyj



Joined: 19 Jan 2003
Posts: 460
Location: Nanjing, Jiangsu, China

PostPosted: Tue Jun 05, 2012 1:19 pm    Post subject: Reply with quote

If a foreign teacher's sponsoring school gives permission, then outside teaching is OK. Everyone does outside work (almost), so enlightened administrations give blanket approval in advance with the stipulation that outside work not interfere with the day job. It's practical. Smart administrators do not make rules they cannot or will not enforce. It breeds contempt and makes them look ridiculous.
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