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How to Deal with those Foreigners Violating the Regulations on the Administration of Employment of Foreigners in China?
Updated: Aug 18,2014 4:28 PM     

For the foreigners who obtain employment without application for the employment license and the employers who hire foreigners without Alien Employment License, they are violating the Regulations on the Administration of Employment of Foreigners in China, and shall be dealt by the public security organ according to the terms 44 in the Rules Governing the Implementation of the Law of the PRC on the Entry and Exit of Foreigners, that is, for those foreigners engaged in illegal employment without authorization by the Ministry of Labor and Social Security of PRC or its authorized department, at the same time of termination of their employment, a fine of less than 1,000 yuan ($162) shall be imposed; If the circumstances are serious, the said foreigners shall be ordered to leave the country within a time limit. For units and individuals who employ foreigners shall terminate employment, at the same time, shall be imposed a fine of not less than 5,000 yuan but no more than 50,000 yuan, and shall bear the full repatriating cost of the said foreigners employed without permission.

For those foreigners who refuse the inspection of the employment permit by administrative departments of labor security, change their employing unit and jobs or extend the period of employment without authorization, the administrative departments of labor security shall retrieve their employment permit, and submit to the public security organ to cancel their residential qualification. In the case that the authorities enforce the deportation, expenses shall be borne by the said foreigners or their employers.

For those foreigners and employers, who forge, alter, illegally use, transfer, buy and sell the foreigner employment permit and license, administrative departments of labor security shall take back the employment permit and license, and confiscate the illegal income, and impose a fine of not less than 10,000 yuan but no more than 100, 000 yuan; If the circumstances are serious enough to constitute a crime, they shall be transferred to judicial organs to investigate for criminal responsibility according to law.