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SPECIAL ADVISORY ON ILLEGAL RECRUITMENT
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The Philippine Consulate in
Shanghai, together with the Philippine Embassy in Beijing and the other
Philippine Consulates in Xiamen and Guangzhou, advises Filipinos to be wary
of illegal recruiters promising high-paying jobs in China. A growing number
of Filipinos have become victims of Filipino and foreign illegal recruiters
enticing Filipinos to work in Shanghai and other cities in China. They have
ended up either underpaid, jobless, or jailed for staying illegally or
beyond their visa validity. While it is true that there is a need for
English teachers in China, not all schools are authorized by the Chinese
government to hire foreign teachers. Most of the cases of contract breaches
and illegal recruitment involve unauthorized schools and fly-by-night
recruitment agencies who hire Filipino teachers via the internet or by
telephone.
A foreigner has to hold a
working “Z” visa
in order to work
legally in China. Filipinos intending to work in China must have the
following documents in order to get a working “Z” visa from the Chinese
Embassy in Manila or the Chinese Consulate General in Cebu and Laoag:
· A
Visa Notification
or Alien Employment License
issued by the authorized Chinese government unit; and
· An
Alien Work Permit (for
those being hired by companies) or a Shanghai Labor and Social Security
Bureau or a
Foreign Expert's License
(for those being hired as teachers) issued by the Foreign Expert Bureau.
One of the
main requirements for a foreigner to get an Alien Work Permit or a Foreign
Expert’s License is a signed valid employment contract with a company/school
authorized to hire foreign workers/teachers.
An entry visa given by the Chinese Embassy or Consulate
marked working “Z” visa is valid only for 30 days.
During the 30-day period, the holder of a “Z” visa must go through
residential formalities in the local public security department and the
hiring company must process the Alien Working Permit or the Foreign Experts
License.
Business
tour "F" visa
holders are given to foreigners who wish to participate in a business
conference, short-term course, on-the-job training, or
scientific-technological and cultural exchanges for a period not longer than
six months.
“F” visa holders cannot work legally in China.
This visa class is for foreigners traveling temporarily to China for
business purposes or as their company representative, and does not allow the
holder to take full-time employment.
A
tourist
"L" visa
cannot be converted to working "Z" visas or Business "F" visas. "L" and "F"
visa holders who insist on working in China have little protection from
abuse or mistreatment, with or without the presence of employment contracts.
The Philippine Consulate also warns Filipinos against recruiters who lead
them to believe that they can obtain European or United States visas in
Shanghai upon payment of a huge fee. Consulates of the United States and
European countries, as a policy, do not grant visas to tourists (tourist "L"
visa holders). One has to be a resident of China to be entitled to apply for
a Schengen or US visa in China. In cases reported, Filipinos holding fake
Schengen or US visas end up being deported back to Shanghai or Manila by
European or US immigration officials.
________________________________________________________________________________
Filipinos intending to work in China are reminded of the
following DO’s and DONT’s:
DO
1. Do
sign a contract only if it is written in a language that you understand.
2. Do
ensure that your prospective employer is authorized to hire foreign workers.
(Those who tell
you to come to China as a tourist first can only mean these companies are
NOT authorized to hire foreigners.)
3. Do
obtain a working “Z” visa from the Chinese Embassy in Manila or Chinese
Consulate General in Cebu or Laoag before leaving the Philippines for China,
if you intend to work in China.
If your
prospective employer is legitimate and is authorized to hire foreign
workers, they should already have coordinated with the relevant Chinese
authorities to enable you to receive a visa notification and a Work Permit
for Aliens/Foreign Expert’s License, which you need to submit to the Chinese
Embassy/Consulate General.
4. Do
register with the Public Security Bureau (PSB) in your locality within 24
hours of arriving in China to secure your residence permit.
Some landlords
do not report to the PSB that foreigners are staying in their apartments for
fear of having to pay higher taxes. This puts the foreigner at risk of
being fined when found out by the PSB.
5. Do
stay with the employer/school/hotel who arranged for your working “Z” visa.
Should you wish
to change employer/school/hotel, you need to inform the Chinese Labor and
Social Security Bureau or the Chinese Foreign Experts Bureau of this
decision. Not doing so puts you in a vulnerable position with the law
enforcement authorities.
DON’T
1. Do
not accept a job offer that is not signed by the prospective employer.
2. Do
not agree to be a housekeeper/maid/nanny in mainland China.
Housekeepers/maids/nannies are not among the positions open to foreigners in
mainland China. Thus, most foreigners working as housekeepers/maids/nannies
in China are not in possession of appropriate work permits. They are always
in danger of being penalized for illegally staying and illegally working in
China.
3. Do
not believe agents (Chinese or Filipino) who tell you to go to China as a
tourist so that they can convert your tourist “L” or business tour “F” visa
to a working “Z” visa.
Do not believe ads
offering the same service. It cannot be done. Thus, you risk being given a
fake visa/fined/eventually deported.
4. Do
not pay anyone to get you a visa to Europe or the United States while you
are a tourist in China.
It cannot be done. Only
residents in China can apply for a visa at the European and U.S.
embassies/consulates in China. Thus, you are
only
bound to get a fake U.S. and European visa.
5. Do
not entrust your passport to anybody - not your employer, not your agent,
not your “friend.”
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HOW TO
AVOID ILLEGAL RECRUITMENT
1. Do not apply at
recruitment agencies not licensed by POEA.
2.
Do not deal
with licensed agencies without job orders.
3. Do not deal with any
person who is not an authorized representative of a licensed agency.
4.
Do not
transact business outside the registered address of the agency. If
recruitment is conducted in the province, check if the agency has a
provincial recruitment authority.
5. Do not pay more than
the allowed placement fee. It should be equivalent to one month salary,
exclusive of documentation and processing costs.
6.
Do not pay any
placement fee unless you have a valid employment contract and an official
receipt.
7. Do not be enticed by
ads or brochures requiring you to reply to a Post Office (P.O.) Box, and to
enclose payment for processing of papers.
8.
Do not deal
with training centers and travel agencies, which promise overseas
employment.
9. Do not accept a tourist
visa.
10.
Do not deal
with fixers.
________________________________________________________________________________
Filipinos holding valid
working “Z” visas and who have complaints about their employers/companies
should direct their grievances first to the Shanghai Labor and Social
Security Bureau which is the proper Chinese authority to handle
labor-related problems.
Shanghai Labor and Social Security Bureau
Address: 2nd Floor, No.
258 Wusong Road, Shanghai
Hot Line: 021-12333
上海市劳动和社会保障局
地址:
上海市吴淞路258号2楼
电话:
021-12333
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