A Chongqing woman hired a foreign nanny on a tourist visa to save costs. Police fined the employer RMB 10,000, the intermediary RMB 5,000, and the worker RMB 5,000 for illegal employment. Work permits and residence permits are mandatory.
Tags:Source: OT-Team(G), 重庆公安出入境管理局
Chongqing authorities have issued a warning following an illegal foreign employment case involving a foreign woman hired as a domestic helper.
According to the Chongqing Exit-Entry Administration Bureau, a woman surnamed Chen needed someone to help care for her child. After hearing from a friend, Du, who frequently traveled overseas, that hiring domestic workers from certain countries could be more cost-effective than hiring a local nanny—and that they could also help children learn a foreign language—Chen decided to hire a foreign domestic worker.
Chen asked Du to help find a suitable candidate.
Through Du’s introduction, a foreign woman identified as Lisa (pseudonym), who had entered China on a tourist visa, came to Chen’s home to work as a nanny. The two agreed verbally on a monthly salary. However, Chen did not check Lisa’s passport, work permit or other relevant documents.
Du was primarily concerned about collecting a RMB 3,000 referral fee and likewise failed to verify whether Lisa was legally authorized to work in China before arranging the job.
The arrangement did not last long. During a routine visit and inspection of foreigners in the community, local police officer Xiao Jing discovered irregularities while conducting a household check.
An investigation found that Lisa had neither a foreigner’s work permit nor a work-type residence permit, yet was providing domestic services in China. She was therefore found to have engaged in illegal employment.
The local public security authorities subsequently opened an investigation and imposed penalties on all three parties:
Du, the intermediary: Fined RMB 5,000 for facilitating illegal employment by a foreigner. The RMB 3,000 referral fee received as illegal income was also confiscated.
Chen, the employer: Fined RMB 10,000 for illegally employing a foreigner.
Lisa, the foreign worker: Fined RMB 5,000 for illegal employment.
In the end, Chen’s attempt to save money by hiring a foreign nanny resulted in a RMB 10,000 fine—far outweighing any potential savings.
The case quickly circulated within the residential community. Other residents who were considering hiring foreign domestic workers subsequently contacted exit-entry authorities to ask about the rules governing the employment of foreigners and to learn more about relevant immigration laws.
Authorities stressed that foreigners working in China must obtain both a work permit and a work-type residence permit. Neither can be substituted for the other.
Working without the required authorization can result in legal consequences not only for the foreign worker, but also for the employer and anyone who facilitates the illegal employment.
For employers considering hiring foreign workers, the case serves as a straightforward reminder: check the worker’s immigration and employment documents before hiring—not after.
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