Working in China, one significant concern for expatriates is being placed on a blacklist, which would render them unable to apply for work permits or potentially green cards in the future.
China operates a nationwide work permit application system. Should a foreigner appear on the blacklist, when they attempt to renew or transfer their work permits, the system flags the application to government officials, who immediately reject it.
But who has the authority to place a foreigner on the blacklist? Only competent authorities like the Public Security Bureau (PSB) or the Bureau of Foreign Experts Affairs (BFEA) hold such power. Regular companies, schools, or agent firms do not have this authority.
Despite this, some employers or agents might falsely threaten foreign workers with blacklisting, claiming that they’ll make it impossible for them to secure employment elsewhere if they’re deemed “uncooperative,” such as when the employee wishes to terminate their association. However, these threats are baseless. As long as a foreigner is legally employed and adheres to Chinese laws and regulations, they cannot be arbitrarily blacklisted.
An unusual case surfaced where an online recruitment company maintained a self-made blacklist on their website. When teachers decided to part ways with the company or declined their offers, the company listed these individuals along with personal details and derogatory remarks, advising others to avoid them.
While this “homemade” blacklist is unofficial and does not impact the ability to find new jobs officially, it poses serious issues:
- It publicly disclosed teachers’ personal information.
- It fabricated stories to tarnish the reputations of these teachers.
Here, two types of torts were committed: #1 constitutes an invasion of privacy, while #2 amounts to defamation. Thus, the so-called “blacklist” represents a severe civil offense.
As more foreigners became aware of this issue, they collectively took action by contacting their embassies and informing the recruiting company’s business partners about the problem. Under mounting pressure, the company ultimately removed the blacklist from their website. Had someone obtained notarized evidence of the blacklist, they could have filed a lawsuit against the company and likely won, as China is actively improving its legal framework to better protect privacy rights.
- No one can blacklist you unless they are a competent authority; know your rights and assert them confidently.
- If anyone improperly discloses your personal details publicly, you can sue them based on the violation of your privacy rights.
- Individuals who defame others will face consequences for their actions.
Relevant provisions in The Civil Code of the PRC:
Article 1024: Civil subjects enjoy the right to reputation. No organization or individual may infringe upon another person’s right to reputation through means such as insult or defamation.
Article 1032: Natural persons enjoy the right to privacy. No organization or individual may infringe upon another person’s right to privacy by means such as prying, disturbance, disclosure, or publication.
