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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 weeks 3 hours 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.

 

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4 weeks 1 hour ago
 
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Minor Official

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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.

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4 weeks 2 hours 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 weeks 2 hours 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.

 

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4 weeks 1 hour 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

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4 weeks 1 hour 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...

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4 weeks 56 min ago
 
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General

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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.

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4 weeks 48 min ago
 
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