Seven Precautions For Expats Educators To Legally Work In China!

Here are the seven things that you need to pay attention to if you want foreign educators to legal work in a school:

1.The difference between hold on work permit and wihout work permit.

Employment of foreign educators should go through employment procedures. After completing the work permit + work-type residence permit, the two parties can form a labor relationship when the school employs expats teachers. If the approval is not obtained, the foreign educator is already working in the enterprise, which is illegal employment.

Then, if a foreign educator who has not obtained a "Foreigner Work Permit" in accordance with the law signs a labor contract with an international school first, will it constitute a labor relationship?

Article 14 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (IV) stipulates that foreigners sign labor contracts with employers in my country without obtaining employment certificates in accordance with the law and the people's court shall not support the request of the party concerned to confirm the existence of a labor relationship with the employer.

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2.What are the consequences of illegal employment as an individual

According to Article 43 of the "Exit and Entry Administration Law of the People's Republic of China", foreigners who have one of the following acts are considered illegal employment.

Work in China without obtaining a work permit and a work-type residence permit in accordance with policies.

Work in China beyond the scope of the work permit.

Expats students who violate the work-study management regulations and work in China beyond the prescribed job scope or time limit.

3.What are the procedures for legal employment?

What come to the employment procedures for foreign educators. The first reaction may be "the notice letter of work permit" or " work permit card".

According to national regulations, from April 1, 2017, for those who work in China for over 90 days, the "Foreigner Work Permit Notice" and "Foreigner Work Permit" will be officially launched.

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4.Legal Application of Employment of Foreign Teachers

● Labor Contract

Once a foreigner is employed in a domestic enterprise in accordance with the law, according to the relevant provisions in the Regulations on the Administration of Employment of Foreigners in China, the enterprise shall sign a labor contract which shall not exceed five years with the employed epats. 

According to this provision, we can draw the following conclusion:

When foreign eaducators establish labor relations with domestic schools and sign the type of labor contracts are limited to fixed-term labor contracts not exceeding five years. The provisions on labor contracts with no fixed term are not applicable, nor are labor contracts with the duration of completing certains tasks applicablely.

● overtime work

All expats educators who work in accordance with the law are entitled to overtime pay if they work overtime outside the statutory working hours. According to the provisions of national laws, foreigners employed in accordance with the law are also subject to the relevant provisions of the state on working hours. Therefore, for expats educators who work in accordance with the law, if they work outside the legal working hours, the school shall pay overtime wages in accordance with the law.

● social insurance

Expats educatos are also required to pay social insurance in accordance with the law. At present, China has signed bilateral agreements on social insurance with nine countries (Germany, South Korea, Denmark, Finland, Canada, Switzerland, the Netherlands, France, Spain)

● rest and vacations

Expats educators legally employed in schools shall enjoy the right to rest and vacation as stipulated by national laws and regulations. This means that expats educators also enjoy statutory holidays such as annual leave, statutory holidays, marriage leave, and maternity leave.

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5.Can international students in China to do an intership or part time job as English teacher?

Foreigners who hold a residence permit for study and whose residence permit does not have the information specified in the preceding paragraph shall not be allowed to work, study or practice off-campus.

"Regulations on the Administration of Employment of Foreigners in China" stipulates that foreigners who have not obtained residence permits (i.e. those who hold F, L, C, and G visas), studying or doing internships in China, and accompanying family members of foreigners holding unprofessional visas not allowed to work in China.

In case of special circumstances, the school shall apply for a permit according to the examination and approval procedures of these regulations, and the employed student shall go to the public security organ to change his identity with the work permit and apply for a "residence permit" before employment.

After the recent relaxation of application conditions for visas to China, many foreign educators are considering teach in China. At the same time, some schools will encounter a series of problems when recruiting foreign educators. How to avoid accidental What about situations that may constitute illegal employment?

6.If the expat educator reaches the retirement age stipulated by Chinese law, can the school terminate the labor contract?

According to the "Labor Contract Law", when a worker reaches the legal retirement age (the current standard is: 60 years old for male employees and 50 years old for female employees) or starts to enjoy pension benefits, the labor contract is terminated.

But if the expat teacher reaches the retirement age stipulated by Chinese law, can the school terminate the labor contract? The Shanghai court had held that the rules in the Shanghai region did not prohibit foreigners who had reached the statutory retirement age from continuing to work in the city. The Beijing court held that the company could terminate the labor contract on the grounds that the foreign employee has reached the legal retirement age in my country without paying economic compensation.

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7.Could a school renew an indefinite labor contract with an expat educator?

The "Labor Contract Law" stipulates that after the same employer and an employee have concluded two fixed-term labor contracts in a row, when the contract is renewed again, a labor contract with no fixed term shall be concluded. However, when the same enterprise has signed two fixed-term labor contracts with foreign employees in a row, the issue of whether employees can request to sign a non-fixed-term labor contract is currently different from region to region. Subject to regional interpretation.

According to the "Regulations on the Administration of Employment of Foreigners in China", the maximum term of a foreign-related labor contract shall not exceed five years, and the labor contract shall be terminated upon expiration. After the two parties have completed the approval procedures for foreign employment, they can renew the labor contract.

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