On July 8, 2020, Five Real Cases Of Illegal Employment Of Foreigners Were Released By The National Immigration Administration, Which Soon Went Viral On Mainstream Media And Caused A Heated Discussion Among Netizens.
The Related Regulations of the Exit and Entry Administration Law –
Article 41: Foreigners who work in China shall obtain work permits and work-type residence permits in accordance with relevant regulations. No entities or individuals shall employ foreigners who have no work permits or work-type residence permits.
Article 80: Foreigners who work in China illegally shall be fined not less than RMB 5,000 but not more than RMB 20,000 Yuan; where circumstances are serious, they shall be detained for not less than five days but not more than fifteen days and shall also be fined not less than RMB 5,000 Yuan but not more than RMB 20,000 Yuan.
Article 43: Any of the following acts of foreigners shall be deemed unlawful employment: (1) Work in China without obtaining work permits or work-type residence permits in accordance with relevant regulations; (2) Work in China beyond the scope prescribed in the work permits; (3) Foreign students work in violation of the regulations on the administration of foreign students working to support their study in China and work beyond the prescribed scope of jobs or prescribed time limit.
Article 80: Individuals or entities that illegally employ foreigners shall be fined RMB 10,000 Yuan for each illegally employed foreigner, with a cap of RMB 100,000 Yuan in total; and the illegal gains, if any, shall be confiscated.
Article 80: Persons who introduce jobs to ineligible foreigners shall be fined RMB 5,000 Yuan for each job illegally introduced to one foreigner, with a cap of not more than RMB 50,000 Yuan in total; and entities that introduce jobs to ineligible foreigners shall be fined RMB 5,000 Yuan for each job illegally introduced to one foreigner, with a cap of RMB 100,000 Yuan in total; and the illegal gains, if any, shall be confiscated.
Article 62: Under any of the following circumstances, foreigners may be repatriated: (1) Are ordered to exit China within a prescribed time limit but fail to do so; (2) Are involved in circumstances in which they are not allowed to enter China; (3) Illegally reside or work in China; (4) Need to be repatriated for violation of this Law or other laws or administrative regulations.
Repatriated persons shall not be allowed to enter China for one to five years, calculating from the date of repatriation.
The Related Regulations of the Procedures for Foreigners of Short-Term Employment –
Foreign performing groups and individuals who enter China for short-term commercial performance shall hold the approval document and the short-term work certificate issued by the competent culture department in China; those who enter the country for other short-term employment shall hold the employment license and work certificate issued by the ministry of human resources and social security.
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