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anonymous
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Q: work in two kindergartens but only one as licence

I've been working in two kindergartens. I've got a foreign expert certificate and a work visa.

I've discovered last week that only one has a permit to employ foreigner.

This is the one written on my contract.

When I learned that I decided to stop going to the kindergarten without the permit.

Today, the boss asked to see me. Told me that even though only one has the permit, the foreign expert office told them it was ok for me to work in others of the company's schools.

I want to go ask the foreign office myself to see if this is correct, but my wife, who is Chinese, tells me that in my contract it is written that I should not divulge company's secrets, which is that my company does things the wrong way.

 

 

Edit:

The company owns both kindergartens. But, only one as a permit to hire foreigners. I took a look at my contract and it only has the address of one.

When I talked to my boss, he wouldn't use the word illegal, nor let me use it, thought it smelt like it. (Last week, the principal asked me to hide in a closet, because some people from the Laodong Ju came to inspect, that's how I knew something was fishy).

Finally, telling me he came to an arrangement with the FEC so it was ok, which I understood that hongbao were exchanged.

Anyway, I don't want to look for trouble (that's why I stopped going to this kindergarten and only to the one with the permit), but now I think the trouble will come from the company.

 

10 years 44 weeks ago in  Visa & Legalities - China

 
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Posts: 19790

Emperor

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These are not Company's secrets, especially if Co. makes you work illegally. Butt..., maybe both Kindergartens have an agreement about 'outsourcing'. I am not sure, how's that working out, since these are Chinese laws.

 

You should look for more info at Foreign Expert Bureau (in person) in the city. 

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10 years 44 weeks ago
 
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Emperor

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You already know the answer - the answer is it's illegal (unless it's actually the SAME company with 2 or more branches).

 

However, it is VERY common practice! One party gets all the legal paperwork (well, sometimes Tongue), and the other party pays them a ginormous amount to have you work there...

 

So, your options.... 1) refuse to work at the second place (and other options after that...), b) work at the other place as though nothing is wrong... an adjunct to that is... say you'll work at the other place, but they need to pay you a HELL of a lot more!!! After all, that second kindergarten will be paying a small fortune for you to teach there, you deserve a (large) cut of that!

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10 years 44 weeks ago
 
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It would depend on what it says on your FEC and on your work permit.  If there is the name of the company that owns both kindergarten, then it is ok for you to work on both, since it is the company that employs you, and not an individual kindergarten.  But if the name of employer is the kindergarten with the license to employ foreigners,  hen not only it is illegal for you to work there as a foreigner, but your work permit is not covering you working on the second kindergarten either. 

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10 years 44 weeks ago
 
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