What are the legal consequences for both the foreigner and the employer in the case of "illegal employment of foreigners"?

2023-08-24
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Article 80 of the Law of the People's Republic of China on the Control of Exit and Entry Administration imposes a fine of not less than 5,000 yuan and not more than 20,000 yuan on an alien who is illegally employed; if the circumstances are serious, the alien shall be sentenced to detention of not less than five days and not more than 15 days, and shall also be fined not less than 5,000 yuan and not more than 20,000 yuan. Anyone who introduces an alien to illegal employment shall be fined five thousand yuan for each illegal introduction of an alien, with the total amount of the fine not exceeding fifty thousand yuan; an organization shall be fined five thousand yuan for each illegal introduction of an alien, with the total amount of the fine not exceeding one hundred thousand yuan; if there is any unlawful income, the unlawful income shall be confiscated. A foreigner who illegally employs a foreigner shall be fined 10,000 yuan for each illegally employed person, with the total amount not exceeding 100,000 yuan; if there is any illegal income, the illegal income shall be confiscated. Article 81 Where an alien engages in activities that are incompatible with the reasons for his stay and residence, or where he violates the provisions of Chinese laws and regulations and is not fit to continue to stay and reside in the territory of China, he may be sentenced to a period of time to leave the country. Where an alien violates the provisions of this Law and the circumstances are serious and do not yet constitute a crime, the Ministry of Public Security may impose an expulsion penalty. The decision of the Ministry of Public Security to impose a penalty shall be final. An alien who has been expelled from the territory shall not be allowed to enter the territory for a period of 10 years from the date of expulsion.
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