大数跨境

What kinds of actions are considered illegal employment in CN?

What kinds of actions are considered illegal employment in CN? HACOS瀚客企服
2025-06-23
2

1

work in China

Working Without Valid Permits


Specific Violations

Foreigners working in China without obtaining a Work Permit and Work-Type Residence Permit.


Case Example

Article 41 of the Exit-Entry Administration Law prohibits employers from hiring foreigners without valid permits.


Restricted Visa Types

A company hired a foreign English teacher on a tourist visa (L visa). Both the employer and teacher were fined, and the teacher was deported for lacking a work permit.


2

work in China

Working on Non-Work Visas


Restricted Visa Types

Study visas (X1/X2), tourist visas (L), family visit visas (Q), and business visas (M) prohibit employment. Business visas only permit short-term negotiations, not actual employment.


Penalties

Individuals may face fines up to 20,000 RMB; employers may be fined up to 100,000 RMB.


3

work in China

Exceeding Work Permit Scope


Common Violations

Position mismatch: A foreigner hired as a "technical consultant" engages in sales or teaching.

Location mismatch: Working in Beijing despite a permit restricted to Shanghai.

Employer mismatch: Working for an unregistered affiliate company


Legal Basis

Article 43 of the Exit-Entry Administration Law defines such acts as illegal employment.


4

work in China

Obtaining Work 

Through Illegal Intermediaries


Risks

Illegal agencies forge work permit materials or disguise paid work as "volunteer" roles.


Employer Liability

Employers using such intermediaries face fines of 10,000 RMB per hire and confiscation of illegal gains.


Case Example

A Shenzhen agency forged foreign teachers' qualifications, resulting in fines totaling 480,000 RMB for six kindergartens and criminal charges against the agency.


5

work in China

Working with Expired 

Visas or Residence Permits


Legal Consequence

Continuing work after permit expiration constitutes "illegal employment + illegal stay," a dual violation.


Penalties

Individuals: Fines of 5,000–20,000 RMB, detention for 10–15 days, deportation, and possible entry bans for 1–5 years.


Employers: Fines of 10,000 RMB per hire, capped at 100,000 RMB


6

work in China

Forging or Altering Work Documents


Violations Include

Tampering with residence permit validity periods, counterfeiting work permit QR codes, or using another person’s documents.


Legal Consequences

Individuals: Fines, detention, and potential criminal liability under Criminal Law Article 280 for "forgery of official documents."


Employers: Fines and confiscation of gains if complicit.



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