Don't work without these two Permits

Beware of Illegal Employment in China When You Get A Job

Definition of Illegal Work

According to Chinese laws, when foreigners work in China, they need to obtain work permit and work-type residence permit in accordance with regulations. If a foreigner works without obtaining these documents, or if he/she works beyond the scope limited by the work permit, or if a foreign student works beyond the scope of his/her post or beyond the time limit in violation of the regulations on the administration of work-study, he/she is considered to be in illegal employment.

Legal Consequences

For illegally employed foreigners

For foreigners who are illegally employed, they will face a fine of not less than 5,000 CNY and not more than 20,000 CNY; if the situation is serious, they will also face a detention of not less than five days and not more than 15 days and a fine of not less than 5,000 CNY and not more than 20,000 CNY.

For businesses that illegally employ foreigners

Enterprises that illegally employ foreigners face a fine of 10,000 CNY for each person illegally employed, up to a total of 100,000 CNY, and confiscation of the illegal proceeds, if any.

Individuals or organizations that facilitate illegal employment

Individuals or entities that introduce foreigners to illegal employment will also be penalized with a fine of 5,000 CNY for each person illegally introduced, up to a total of 50,000 CNY, while entities will be fined 5,000 CNY for each person illegally introduced, up to a total of 100,000 CNY.

Severity of Consequences

Legal Penalties

In addition to the financial penalties listed above, foreigners who engage in illegal employment risk deportation and are barred from entering the country for one to five years.

Impact on legal status

Illegal employment may affect the legal status of the foreigner, for example, visas, work permits or residence permits may be revoked or cancelled, making it impossible for the foreigner to continue to legally reside or work in China.

Damage to social reputation

Illegal employment may have a negative impact on a foreigner's social reputation, which may adversely affect their ability to seek future employment or visas in other countries or regions.

In summary, in order to ensure that their legitimate rights and interests are not infringed upon, foreigners should comply with Chinese laws and regulations and obtain work permit and work-based residence permit through legal means. At the same time, Chinese enterprises and individuals should also act in accordance with the law when hiring foreigners to avoid violating the law.