For each foreigner working in China, one of the nightmares is to be put on the blacklist, then there is no way for them to apply for work permits or even green cards someday.
There is a nationwide system for work permit application. If any foreigners are on the blacklist, when they plan to renew or transfer their work permits, the system will alert the government clerks, and they will reject the application right away
But who has the authority to put a foreigner on the Blacklist?
It has to be a competent authority, such as PSB (Public Security Bureau) or BFEA (Bureau of Foreign Experts Affairs). Definitely not a general company, neither a school or an agent company.
However, from time to time, when some employers/agents find the foreigner is not “cooperative”, such as no longer wishing to work with them anymore, they will threaten that: we will put you on the blacklist, you can’t find any job in the future!
Of course, they’re bluffing. If you are not working illegally and abiding all laws and regulations in China (you may check our post: Work Permit for Foreigners to know more), no one can put you on the blacklist.
However, it is found that an online recruiting company do put people in blacklist—a blacklist made up by themselves posted in their website. When a teacher decided to leave them, or didn’t go with their offer for something else. This company added these teachers and their personal details to a list with hateful messages telling everyone to avoid them.
Of course, the blacklist is not something official, it won’t affect anyone finding a new job actually. But something terrible with this blacklist is:
- They put the teacher’s personal details on the website too.
- They made up fake stories about the teachers to defame them.
There are two kinds of tort involved here: What they did in #1 is an invasion of privacy, in #2 is defamation. Hence the so called “blacklist” is a serious civil offense!
More and more foreigners were aware of that and they decided to do something together. They contacted their embassies and also contacted some of the recruiting company’s business partners describing the problem.
Under pressure from different sources, the company eventually gave up and removed the blacklist. Actually, if someone had had the blacklist on the website notarized, he/she could have filed a lawsuit against the company and have won the case, as China is trying hard to improve the entire legal system to protect people’s privacy now.
Our conclusion today is:
- No one can put you on the blacklist unless they are a competent authority, understand your rights and defend them firmly;
- If anyone discloses your personal details in public improperly, you can file a law suit against them based on the argument of invasion of personal privacy.
- People who defame other people will face the consequences of their behavior.
Related regulations in The Civil Code of the People’s Republic of China
第一千零二十四条 民事主体享有名誉权。任何组织或者个人不得以侮辱、诽谤等方式侵害他人的名誉权。
Article 1024 A civil subject shall enjoy the right to reputation. No organization or individual may infringe upon the right to reputation of any other person by such means as insult or libel.
Reputation is the social evaluation of the moral character, prestige, ability and credit of the civil subject.
第一千零三十二条 自然人享有隐私权。任何组织或者个人不得以刺探、侵扰、泄露、公开等方式侵害他人的隐私权。
Article 1032 A natural person shall enjoy the right to privacy. No organization or individual may infringe upon the right to privacy of any other person by spying, invading and harassing, disclosing or publishing the relevant information or by any other means.
Privacy is a natural person’s private life peace, as well as private space, private activities and private information that do not want to be known by others.
Useful link:
Ministry of Human Resources and Social Security of the People’s Republic of China
