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Q: school threats on a tourist visa

A friend of mine  signed the contract but the school wants her to work on a tourist visa. She decided to leave the school and search for another job. The school is threatening to blacklist her to obtain a future work visa because she signed a contract and asked her to return to work on a tourist visa. Can they really report her to the psb if she was on a tourist visa just because she signed a contract and block her future work visas? 

4 years 22 weeks ago in  Visa & Legalities - Guangzhou

 
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No, School (party A) cannot report her because party A is in the same violation of Chinese Labour law as party B while working and receiving pay on L visa.

 

It's classical Chinese blackmailing ... with bluffing on the top.

School better keep their mouth shut otherwise SAFEA (Foreign Expert Bureau) will fine and prohibit School's future legal laowai employment. This school is most likely small training mill ...

 

School must obtain laowai employment certificate, which is costly and mentioned School doesn't have such certificate, so they let foreigner works on whatever visa.

 

No worries for your friend considering future Z employment in China. Signed contract is invalid because it is illegal and doesn't have any legal bearings.

 

Working on L visa is illegal and if your friend is caught inflagrante (in the classroom), she will be deported and prohibited of future employment in China.

 

TPP:

All true except if they want to actually report her then naturally they will lie and try to put it all back on her so as they appear the victim. Would they want to take the chance they get themselves in the doodoo? Unlikely but forethought and the possibility of consequences aren't usual.

4 years 22 weeks ago
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icnif77:

No consequences will occur because: 

1. Party A will not report party B to anybody ... party A most likely doesn't have SAFEA's certificate for legal employment of foreigners.;

2. Party B wasn't caught by cops in the classroom working with L visa, so anything reported by party A to authorities is hearsay. 

If foreign teacher would return to the classroom, she will most likely be reported and all School threats will materialize, so advice is:

1. Find another employer, which is authorized to hire foreigners. You can ask to see the authorization for foreign hire before contract signature.

2. Exit China and apply for Z visa in Chinese embassy in your home country (since HK is out of the table.).

4 years 22 weeks ago
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4 years 22 weeks ago
 
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Sure, they can report her. However, signing a contract is probably not a breach of visa rules. If they have some evidence of her actually working (payment, CCTV footage or other documentation), then they could certainly cause some problems. Getting busted for working illegally may mean a black mark or entry ban which would certainly be an issue in the RP process. If she hasn't worked then there is probably not much they can do. Empty threats and bullying behaviour.

Stiggs:

There's also the fact that the school wants to go to the authorities and tell them they employed someone on a travel visa and that she wouldn't work illegally when they asked her to.

 

I have a feeling they'd rather keep that to themselves, they're not very legit and that it's an empty threat.

 

 

4 years 22 weeks ago
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4 years 22 weeks ago
 
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Yes she worked there illegally but she does not want to return there. They did pay her but my advice to her is not to go there. 

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4 years 22 weeks ago
 
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No, School (party A) cannot report her because party A is in the same violation of Chinese Labour law as party B while working and receiving pay on L visa.

 

It's classical Chinese blackmailing ... with bluffing on the top.

School better keep their mouth shut otherwise SAFEA (Foreign Expert Bureau) will fine and prohibit School's future legal laowai employment. This school is most likely small training mill ...

 

School must obtain laowai employment certificate, which is costly and mentioned School doesn't have such certificate, so they let foreigner works on whatever visa.

 

No worries for your friend considering future Z employment in China. Signed contract is invalid because it is illegal and doesn't have any legal bearings.

 

Working on L visa is illegal and if your friend is caught inflagrante (in the classroom), she will be deported and prohibited of future employment in China.

 

TPP:

All true except if they want to actually report her then naturally they will lie and try to put it all back on her so as they appear the victim. Would they want to take the chance they get themselves in the doodoo? Unlikely but forethought and the possibility of consequences aren't usual.

4 years 22 weeks ago
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icnif77:

No consequences will occur because: 

1. Party A will not report party B to anybody ... party A most likely doesn't have SAFEA's certificate for legal employment of foreigners.;

2. Party B wasn't caught by cops in the classroom working with L visa, so anything reported by party A to authorities is hearsay. 

If foreign teacher would return to the classroom, she will most likely be reported and all School threats will materialize, so advice is:

1. Find another employer, which is authorized to hire foreigners. You can ask to see the authorization for foreign hire before contract signature.

2. Exit China and apply for Z visa in Chinese embassy in your home country (since HK is out of the table.).

4 years 22 weeks ago
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4 years 22 weeks ago
 
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the school does have permission to employ expats and many are on work visas but some like her do not

icnif77:

Many foreigners at school are on working visas? Then, School must hold foreign hire authorisation, but I heard they are some quotas on how many foreigners school can employ, so they might let some teachers work there on any visas because of the abundance of students.

If that is the case, School will still not report foreigner to authorities, i.e. School must open the door to a teacher with wrong visa, i.e. school must permit teacher's working, so party A is in the breach of Chinese Labour law.

Empty treats!

4 years 22 weeks ago
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4 years 22 weeks ago
 
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So OP, you have the same question since September 2018?

 

 What date is today?

You also bought an i-Pod or smart-(-er-than-you)-phone ..., did you ?

Oct 15, 2019

https://answers.echinacities.com/question/school-threats-tourist-visa-0

Oct 16, 2018

https://answers.echinacities.com/question/can-i-get-blacklisted-getting-...

Sep 12, 2018

https://answers.echinacities.com/question/can-my-school-have-me-blacklis...

biggj123:

He may have the same problem every year after his contract is finished lol ...like most foreigners do.

4 years 22 weeks ago
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icnif77:

When you see him, please tell him to fork-off ...

CRIT gave me 2 extra pints for this one ... it must be 'cause of profundity ...

4 years 22 weeks ago
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PulSartre:

Hahahahahahahahahahahaha you got him. Ouch...... Sorry Alex from states. 

4 years 22 weeks ago
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4 years 22 weeks ago
 
Posts: 513

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They don't have to necessarily have to say anything about employment, they could just lie and tell the authorities in the town she has done some unscrupulous behavior or some other thing like that. They could say" we were going to hire her but found out she___________...fill of the blank with any old bullshit.

 

If the school wants to be dicks about it they can go and say she was working at their school on a tourist visa if the school has any pull with the local government, it won't be a big deal to them. The worst thing for them would be having to pay some fine and that's it. Although the restrictions for her would be more serious. Like deportation, a fine, blacklisted. 

 

Both these situations are probably unlikely....but you never know.

PulSartre:

This is amazing that under such circumstances of threats, the PBS and SAFEA won't inquire further about the blacklisted one the employer gives in,  its Visa status and so on.  It is idiotic, it is like spitting in the eyes of the China's authority with claims to blacklisting the employee sure of themselves that the Bureau won't ask about the circumstances and causes that lead the employer to do so.

 

Who is it the imbecile in this routine? Who is  the idiot if not the China's authority that fails to get to the truth of this abuse? Should they not fail to ask the right questions, the employer will get caught in his illegally actions of employing under the wrong visa that teacher. Should they do the right job, the scammers like this employer won't ever trust the threats to abusing the teachers in China and get it done the way they want against any work safety of the employer. 

 

Do SAFEA and PBS authorities fail to asking the right questions on purpose or becuase they are idiots and love it to keep it so?

 

It's toxic for the common and healthy sense to understand how these abuses further go on and on, guaranteeing the scammers their success. They are many and they work in plain view today as though they are double blinds shielded up with. Under the view and nose of the authorities, these scammers thrive green and fruitful. 

 

 

4 years 22 weeks ago
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TPP:

The reason is pretty straight forward, chinese are honest and would never lie so there is no reason to ask further questions or delve deeper into the situation. Everyone knows the foreign can't be trusted and will lie about everything in some misguided or malign attempt to undermine China.

4 years 22 weeks ago
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icnif77:

Fresh off the press thread about Chinese ...  buTT ... not regular people, thou! It's cultural thingy ...

 

https://www.zerohedge.com/markets/futures-slump-report-beijing-wants-tariffs-removed-commiting-50bn-ag-purchases

 

Yesterday, we learned that our suspicions were correct, and that the US-China "Phase One" deal purportedly hashed out between the two sides last week appears to be more of the same disingenuous stalling, and that, fundamentally, the situation hasn't really changed.

And on Tuesday, with the US back from the long holiday weekend, Chinese officials have essentially confirmed that they are back to their old tricks, and that the progress on the 'Phase One' deal that was touted last week is a sham. Beijing can make good on the $50 billion of annual agricultural goods purchases that it has promised - but only if Washington agrees to remove all of the trade war tariffs.

Of course, as President Trump has repeatedly made clear, the tariffs must remain in place until a deal has been implemented and Beijing has proven that it has been abiding by the rules. According to BloombergChina will struggle to buy $50 billion of US farm goods unless the tariffs are removed.

Unsurprisingly, futures slumped on the news...

 

Trump-a must be reading our Board, he he. He is aware, Chinese don't understand English same as we do ...

4 years 22 weeks ago
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4 years 22 weeks ago
 
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