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Q: Is Part-Time Work on a Z-Visa Really Illegal in China?
Alright. I know I'll probably be getting downvoted for asking this question, but I feel it's a question I really don't know the answer to. On the forums, members have said it is illegal, but no one has really given me evidence as such. While on the other hand, I've found evidence saying that it isn't ILLEGAL through the Embassy website of the United States of America (getting information on China through the USA embassy website, HAHAHA I know, let the laughs go on).
Now, I could call SAFEA and solve it myself, but I want to have a dialog on the forums about this, because others may be looking for information on this in the future.
As not to get confused, here are the conditions as I currently it for LEGAL part-time work:
- Z-Visa Holder
- Contract allows part-time work OR employee has obtained written consent from their employer to pursue part-time work
- Part-time work is in the same city in which employer has registered with the local police bureau
Some side notes for discussion:
- If it is truly illegal, then why is the embassy of the United States of America posting otherwise on their websites? I mean after all, it's not as if there aren't knowledgeable people on China working at USA embassies in China. They're usually fluent in Chinese and extremely bright individuals.
- If part-time work is illegal, what exactly constitutes as part-time work? Is it only work that you accept payment for or could something as mundane as a language exchange for free be considered illegal part-time work? How about selling something on Taobao or WeChat. In other words, where are the boundaries?
These questions matter to me because I have several friends who are engaged in what could be considered to be part-time work, such as English tutoring, dance classes at the local gym, paid interviews, judging English competitions, selling things on social media, and translation/interpretation.
Again, I want EVIDENCE. I want credible sources or at least an explanation as to how you came to a conclusion on this question.
Please take an objective view on this.
Thank all for the discussion.
7 years 42 weeks ago in Visa & Legalities - China
It is a fair question for those who haven't done some research.
In a nutshell.....me, not being a lawyer, understand the rules as: you can only work for the company/work unit and location that is specified on your FEC and or RP.
Although the dudes and dudettes at the american embassy are undoubtedly clever, one should use caution when checking the KFC menu for the price of a Big Mac, if you know what I mean.
Gary Chodorow from the Law and Border website is credible being a specialist in chinese visa law.
On http://lawandborder.com/faq-new-china-visa-law/ he reasons the following:
it’s illegal to work in China beyond the scope of the work specified in the employment license (“出工作许可限定范围在中国境内工作的”). (EEAL, art. 43(2)). The draft State Council regulations clarified that this includes working at a different work unit or outside of the geographic area specified in the employment license (工作许可证件) are restricted. (Draft State Council regs, art. 40). While the final regulations omit these specifics, they are probably implied. One ambiguity is the extent to which an employee working in one city can be assigned to work short-term in other cities.
I trust this helps clarify your question
It is a fair question for those who haven't done some research.
In a nutshell.....me, not being a lawyer, understand the rules as: you can only work for the company/work unit and location that is specified on your FEC and or RP.
Although the dudes and dudettes at the american embassy are undoubtedly clever, one should use caution when checking the KFC menu for the price of a Big Mac, if you know what I mean.
Gary Chodorow from the Law and Border website is credible being a specialist in chinese visa law.
On http://lawandborder.com/faq-new-china-visa-law/ he reasons the following:
it’s illegal to work in China beyond the scope of the work specified in the employment license (“出工作许可限定范围在中国境内工作的”). (EEAL, art. 43(2)). The draft State Council regulations clarified that this includes working at a different work unit or outside of the geographic area specified in the employment license (工作许可证件) are restricted. (Draft State Council regs, art. 40). While the final regulations omit these specifics, they are probably implied. One ambiguity is the extent to which an employee working in one city can be assigned to work short-term in other cities.
I trust this helps clarify your question
OP wants evidence, despite Q was explained '77' times.
Here, dial them and ask for the evidence:
http://answers.echinacities.com/question/address-safea-and-contact-numbe...
Who cares about legality? This is China. You can't expect Foreigners to abide by the law when all Chinese break it without a second thought on a daily basis.
It's not allowed, my previous employer gave me a copy of an official Government document that outlined Chinese law and it stated clearly in black and white no part time work of any nature was allowed outside my workplace.
I did the hunt for this some years ago, and I did find it! (but, not finding it now... :( )
The law specifically states work for the RP sponsor only, and ANY other work - paid or not - could be considered illegal! So, sitting down having a coffee with a student (or potential bf/gf or whatever, technically could get you kicked out!)
This obviously sounds like a HUGE gap that could get any of us kicked out at a moments notice... but gee, that's not an advantage China would want, is it???
How bout you send an email to SAFEA and ask (;p)
Thanks to all those who took the time to respond. However, it still leaves some questions and comes across to be pretty ambiguous.
iWolf - What classifes as 'work'? Did you find any details in your research about what is considered work? Because, there's a huge difference between signing another contract with another employee while already being employed and doing some private one on one lessons to earn a few more bucks.
Saifmalik - I am assuming your Chinese must be very impressive if you can read language in a Chinese law document. But, if it was a copy translated into English, I'd like to know where I can get one.
I'd also be inclined to believe that your school could possibly be trying to use intimidation tactics to dissuade you into seeking alternative forms of income. My previous employer once claimed that her school was the only school in the city that had the license to hire foreign teachers, which turned out to be false when a previous teacher acquired a Z-visa from another school in the same city. It ended up being because she didn't want compete for foreign teachers with other schools in the city. Maybe something similar happened? I don't know.
Shining_Brow - Again, same question... What is considered 'work'? It doesn't scare you that someone could get you kicked out of the country for talking with a Chinese friend in a coffee shop? I mean if they hated you enough, could they really get you kicked out if they wanted to?
I know as foreigners we generally take a negative outlook when it comes to China, but I think we are still entitled to clearly know our rights (after all, we do pay taxes). We shouldn't have to be wandering around in the dark until we get hurt. Is there really no security?
Hotwater:
You're clutching at straws here mate!
The definition of "work" is something you get paid for. End of.....
So if you freelance or do occasional hours for other companies AND GET PAID then you are breaking the terms of your work permit.
Will L you get caught? Unlikely so it's up to you...
Skeppo:
Twas once told to me by the officer issuing me permit that "work" doesn't need to be paid to fall a foul of the guvna. I be caring not. Who be havin the time or inclination when the main plunder tis filling me treasure chest.
Shining_brow:
"Shining_Brow - Again, same question... What is considered 'work'? It doesn't scare you that someone could get you kicked out of the country for talking with a Chinese friend in a coffee shop? I mean if they hated you enough, could they really get you kicked out if they wanted to?"
If you piss off the wrong person, then yes, getting kicked out is a no-brainer!
'Work' is what they decide it means - like any Chinese law! Same with 'pay'. If the person has enough guanxi, then 'language exchange' is payment! (yes, what I read I specifically recall - because is was so relevant! - is that 'payment' was not necessarily physical or monetary!!! It seemed to be intentionally ambiguous... naturally!)
