To Be A Foreign Teacher Or Not?
[dropcap]I[/dropcap]t’s hard for Foreigners to be a Foreign Teachers.
Recently, the General Office of the Central Commitee of the Communist Party of China and the General Office of the State Council issued the Opinions on Further Reducing the Burden of Homework and Off-Campus Training on
Students at the Compulsory Education Level and issued a circular requiring that the hiring of Foreigners in the country should comply with the relevant national regulations and that the hiring of Foreigners outside the country to conduct training activities is strictly prohibited.
In fact, foreign teachers in the country have been having all kinds of chaos and serious illegal employment, mainly the following:
Foreigners can only work under their positions on the basis of a work visa, and any form of part-time employment does not allow them to obtain a labour contract and apply for a work visa in China
– Registering a company and obtaining a work visa for the investor/legal representative but working as a teacher;
– Foreigners working as online tutors outside China;
– Work permit at another company and position, but working as a teacher;
– Entering China on a business visa but working as a teacher.
Therefore, foreigners can only work under their positions on the basis of a work visa, and any form of part-time employment does not allow them to obtain a labour contract and apply for a work visa in China, and they may also face the following serious consequences:
1. Deportation
Under article 62 of the Law of the People’s Republic of China on the Control of Exit and Entry into the Country, a foreigner may be deported if he or she has any of the following circumpstances.
Illegal residence or employment.
Persons who are deported are not allowed to enter the country for a period of one to five years from the date of their deportation.
2. Fines
Under article 80 of the Law of the People’s Republic of China on the Control of Exit and Entry into the Country, a foreigner who is illegaly employed shall be fined not less tha 5.000 yuan and not more than 20.000 yuan; if the circumstances are serious, he shall be detained for not less than five days and not more than 15 days and fined not less than 5.000 yuan and not more than 20.000 yuan.
With the increasing regulation of foreign teachers in China, enterprises employing unlawful foreign teachers may run business risks and face serious consequences: according to Article 44 of the Rules for the Implementation of the Law of the People’s Republic of China on the Administration of the Entry and Exit of Foreigners, foreigners who seek private employment without the approval of the Ministry of Labor of the People’s Republic of China or its authorized departments may be fined up to 1.000 yuan while terminating their employment.
If the circumstances are serious, the foreigner shall be sentenced to a limited period of deportation. An entity or individual who employs a foreigner privately may, at the same time as terminating his employment, be fined not less than 5.000 yuan and not more than 50.000 yuan, and be ordered to bear the full cost of repatriating the privately employed foreigner
