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He Has No Clue How The Police Caught Him Working Illegally

HiTouch 18 September 2018

In the morning of September 8, the Shihmen Police Station of Jinxi County Public Security Bureau received a report about a foreigner illegally working for a bilingual kindergarten in Xiugu Town, Jinxi County. The Shimen Police Station immediately took actions and rush to the bilingual kindergarten for investigation.

 

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Image: yourbengo.jp

 

When the police arrived, they saw a foreigner was presenting a foreign language course in the classroom. They arrested the foreigner at spot and had a further investigation. The police found the male foreigner was named OLANBA OLADAYO PAUL, coming from Nigeria.

 

On October 24, 2017, he entered China through the immigration of Guangzhou Baiyun International Airport with an identity of exchange student of Jiangxi University of Finance and Economics.

 

In May 2018, in Nanchang, he was introduced to an agent as a foreign teacher by an English Communication Club. Later, under the introduction of the agency, he went to the bilingual kindergarten to engage in teaching activities.

 

However, OLANBA OLADAYO PAU unqualified for engaging in any teaching activity as he was holding study visa. When he was caught for illegal employment and intentionally violating the Article 80 of the Exit and Entry Administration Law of the People’s Republic of China.

 

What he faces is at least RMB5, 000 cash penalty, which is clearly stated in the law, now the case is still under processing...

 

Legal consequences of illegal employment

 

According to the Exit and Entry Administration Law of the People’s Republic of China. Foreign employees who fail to obtain work permit and residence permit as required may be deemed to reside or work in China illegally, in such case, both employer and employee will be punished accordingly by relevant authorities.

 

Punishments on foreigners illegal residence

 

  1. Warning

  2. Cash Penalty of RMB 500 per day for illegal residence, with a cap of RMB10,000 in total

  3. Detention of less than 15 days

 

Punishments on foreigners illegal employment

 

Employee

Warning, with a fine of RMB5,000 but not more than RMB20,000;

Where the consequences are serious, they shall be detained for not less than five days and not more than fifteen days and shall be fined with cash penalty not less than RMB5,000 but not more than RMB20,000.

 

Middle person(Entity)

Persons who introduce jobs ineligible foreign employees shall be fined ranging from RMB5,000 to RMB50,000 for each illegal job introduction.

 

Entities that introduce jobs to ineligible foreign employees hall be fined ranging from RMB5,000 to RMB100,000 for each illegal job introduction; and any illegal gains shall be confiscated.

 

Employer

Entities that illegally employ foreign employees shall be fined ranging from RMB10,000 to RMB100,000 for each illegally employed foreign employee; and any illegal gains shall be confiscated.


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 Image: http://nb.zol.com.cn

 

If the consequences above are serious, the foreign employee may be expelled and not allowed to enter China for one to five years, calculating from the date of the banishment.

 

The case of illegal employment we mentioned at the beginning happens in a rural countryside with less civilization, but ineligible foreign employee was still caught by the police, so what would it be in big cities?

 

Source: http://jx.ifeng.com/a/20180910/6871206_0.shtml

Individual Income Tax Brochure for Expatriates Working in China