China - Detention, Fine & Deportation: the Consequences for an Employee Working Illegally in China

On December 12, 2013, the Shanghai Daily reported that an expatriate who was illegally working in Beijing was detained, fined, and subsequently deported from China. His employer was also fined.

Crown strongly advises against our clients employing anyone in China without the proper work permits. Meanwhile, expatriates must not carry out any work related activities in China without a valid work and residence permit under their employer’s sponsorship.

Illegal employment is viewed as including, but not limited to, working without proper permits, working outside the authorized work jurisdiction, or working in an entity other than the one listed in the work authorization. Please find below an abbreviated version of the Shanghai

Motorcycle expat to be deported, along with his father
An expat who knocked down a woman while riding a motorcycle without a license is to be deported after serving five days administrative detention for working without a permit, police in Beijing said yesterday.

He was also fined 5,000 yuan (US$823)

The foreigner, whose name was not disclosed, had previously been given seven days of administrative detention and fined 1,500 yuan for driving without a license and injuring the woman, police said.

During the police investigation it was found that both the expat and his father were working in China without work permits.

The father, whose name was also not disclosed, will be put under administrative detention for 14 days and fined 10,000 yuan.

Employer fined
“Investigation also found that the father is holding a Z Visa that is not under the restaurant’s sponsorship. As a result he will also be deported after serving his term and their employer will be fined 20,000 yuan.” police said.

Police said foreigners should abide by Chinese laws while they will protect their legal rights and provide a sound and safe working and living environment.

Disclaimer: The information is intended for general purpose only.
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Kit Tang, Regional Immigration Manager - Asia