From 2016 to 2017, three employees of a education company in Beijing, Liu X Juan, Liu X Xia, Zhao X Yue and Alex from Ukrainian, organized intentionally foreigners Bogdan(Serbian), Andrew and Yana(Ukrainian), to work as foreign teachers who entered China with S2(short term study)visaor M(business)visa, which were gained with fraudulent purposes. These foreign teachers were dispatched to work illegally several kindergartens in Beijing.
WeChat Official Account: ExpatRights
It was when the related authority took an investigation into the foreign teachers who were none-native English speakers that this case came out. None-native English speakers are not allowed to work as foreign English teachers according to the Chinese laws. As the authority went deeper into the investigation and found out how these foreigners entered the country, it discovered that some agencies ran the bussiness of organizing foreigners to work illegally in China and some of the agencies even established kindergartens themselves to hire these foreigners, which had formed a one-stop industry.
According to Liu X Xia’s confession, her company had collaborated with around 30 kindergartens and introduced estimatingly 80 foreign teachers in total to its partners.
The court held that the three staff were guilty of arranging people to illegally cross the national border. The three of them arranged the foreign teachers to enter China on S2 or M visas and sent them to work in China knowing that it was illegal. Their actions have constituted the crime of organizing others to sneak into the border. The defendants Liu X Juan, Liu X Xia, Zhao X Yue were convicted of organizing others to sneak across the border. They were respectively sentenced to imprison of one year, one year and nine months and one year and six months, and were respectively fined RMB 10,000, RMB 5,000 and RMB 5,000.
The foreigners involved in the case, Serbian Bogdan and Ukrainian Andrew and Yana were administratively detained for illegal employment and were later deported.
What are the consequences of illegal employment?
According to Article 80 of the Exit and Entry Administration Law of the People’s Republic of China: If a foreigner is illegally employed, he shall be fined no less than 5,000 yuan but no more than 20,000 yuan; he shall be detained for no less than five days but less than fifteen days and be fined no less than 1,000 yuan but no more than 20,000 yuan under serious circumstances.
Agencies will also be punished according to the Article 80 of the Exit and Entry Administration Law of the People’s Republic of China: they will be fined one thousand yuan for each individual they introduced, and the total amount shall not exceed 50,000 yuan; one person is illegally introduced to the unit. A fine of 5,000 yuan, the total amount does not exceed 100,000 yuan; the illegal income is confiscated.
If an institution intends to hire a foreigner, the employer should go through the legal procedures at the State Administration of Foreign Experts Affairs and the Exit and Entry Administration of the Public Security Bureau. The employers who hire illegally working foreign teachers will be faced with a fine of 10,000 yuan for each illegally working foreigner according to the Article 80 of the Exit and Entry Administration Law of the People’s Republic of China. The total fine shall not exceed 100,000 yuan. And the illegal income shall be confiscated.
WeChat Official Accounts: ExpatRights