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anonymous
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Q: Is this legal ?

Hi,

 

I arrived the city around a week ago and signed a contract with a school, which in fact is not really a school (I found out when I arrived there). It's a kind of agency which has contracts with several kindergartens and training centers (which are not affiliated to the company) around the city.

They want me to work in several different schools far from each other (I have to travel a lot from a school to another). They also told me I'll have to go to Hong Kong in order to apply for a working visa; it seems legit, BUT, is it legal to make someone work in different schools which are not affiliated? They only have contracts with those schools (schools are  paying this agency to have a teacher for some classes a week), nothing else, so is it ok to send a teacher in different schools like they do? Can I have some troubles working for them? Is the visa allow that?

 

Thank you for your help. I am a bit worried about this.

11 years 3 weeks ago in  Visa & Legalities - Chongqing

 
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Posts: 3025

Emperor

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Since your work visa, and within 30 days of entering China with it you must obtain your FEC, work permit and residence permit to be able to work legally, they all be tied up to ONE EMPLOYER.  If the listed employer is the agency, then you can teach at different schools under contract with your employer.  If one of the schools is listed, not the agency, then you can only work legally at that school.

Do insure that all your compensation package, offered benefits, etc, are all listed on your contract.

Shining_brow:

Always loathe to go against Happy, but this is more a qualification or caveat...

 

Apparently, there are only 62 registered agents in China (ie, those that are legal). So, chances are probably high that your agent isn't one of them - just someone with 'connections'. Thus, yeah, more likely than not, it's illegal.

 

11 years 3 weeks ago
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11 years 3 weeks ago
 
Posts: 5539

Emperor

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if you have to process the visa in hong kong, it is illegal. find another gig quick, then maybe report them to the psb.

Shining_brow:

Depends on what visa he came in on... but I agree that it's most likely dodgey!

11 years 3 weeks ago
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11 years 3 weeks ago
 
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Emperor

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Legal or not, I wouldn't touch it! There are enough jobs out there that you don't need that one.

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11 years 3 weeks ago
 
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Shifu

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Usually when someone asks "Is this legal?", they're about to do something way more fun than sign a bad contract.

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11 years 3 weeks ago
 
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Governor

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What's the name of the agency?  I worked for a place like this when I first came to China and it actually worked out just fine for me.  I eventually ended up leaving because I found something with a better salary later on, but as far as the agency goes they always paid me on time and were fair for the most part.

 

Other people won't like me giving you this information. But I always suggest for newcomers in China to wait awhile before switching over to a work visa to make sure you like a company.  Once you are in a work Visa it can be a lot more complicated to leave, especially if you signed a contract.  If you're on a non working visa though you can quite at any time and a company cant do anything since they hired you illegally to begin with.  This 2nd option gives you more freedom to get out of a bad situation early on if you need to.

 

As far as if it's illegal or not.  If the work visa is through an agency then no its not illegal. If its tie up to a specific school then you can only work at that one school. 

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11 years 3 weeks ago
 
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