- Q. What is the Consequence of Unlawful Employment?
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According to Articles 80 and 62 of Exit and Entry Administration Law of the People's Republic of China,
A. Foreigners who work in China illegally
1. will be fined RMB 5,000 - 20,000;
2. if circumstances are serious, may be detained for 5 - 15 days, plus fine of RMB 5,000 - 20,000.
3. will be sent outside China with no entry allowed for 1-5 years from the date of leaving China.
B. Persons who introduce jobs to ineligible foreigners will be fined RMB 5,000 for each job illegally introduced to one foreigner, with a cap of RMB 50,000 in total.
C. Entities that introduce jobs to ineligible foreigners will be
1. fined RMB 5,000 for each job illegally introduced to one foreigner, with a cap of RMB 100,000 in total;
2. the illegal gains will be confiscated if any.
D. Individuals or entities that illegally employ foreigners will be
1. fined RMB 10,000 for each illegally employed foreigner, with a cap of RMB 100,000 in total;
2. the illegal gains will be confiscated if any.
- Q. Can I work on Z visa?
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The answer is NO!
What?! can't work on Z visa?!
Don't worry, here's the reason why.
According to Article 41 of Exit and Entry Administration Law of the People's Republic of China(hereinafter, "the Law"), Foreigners who work in China shall obtain BOTH Work Permit(hereinafter, "WP") AND Work-type Residence Permit(hereinafter, ""WRP) in accordance with relevant regulations. No entities or individuals shall employ foreigners who have no WP or WRP.
A lot of people refer to WRP as Z visa or Work(ing) Visa, but they are not exactly the same.
WRP, according to Article 15 (1) of Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners(hereinafter, "the Regulations"), refers to the residence permit issued to persons who work in China.
While Z visa, according to Article 6 (12) of the Regulations, refers to the visa issued to persons who apply for work in China. Please note the REMARKS - Required to apply fo residence permit within 30 days from the date of entry.
As for the term "Work(ing) Visa", we believe this is NOT an official term appeared in currently effective laws and regulations of Mainland China.
What's more, even if Z visa refers to WRP, foreigners cannot work on this alone, because WP is indispensable together with WRP, otherwise both the employee and the employer will be punished for illegal employment.