A comprehensive guide for employers to legally employ foreign talents

With the deepening of international exchanges, the introduction of foreign talents by employers has become an important means to enhance their innovation ability and international competitiveness. However, hiring foreign employees involves multiple challenges such as legal compliance, process management, and cultural integration. This article will provide systematic solutions for employers from the four dimensions of qualification requirements, process specifications, risk prevention and control and long-term retention.

1. the main qualification and job suitability of the employer

1. enterprise legitimacy review
   the employer shall complete the industrial and commercial registration according to law, obtain the business license, and ensure that the business scope is directly related to the job to be employed. Enterprises with abnormal business operations and serious illegal and dishonest records will be restricted from employing foreign employees.
2. post special needs demonstration
   the employer needs to prove that there is a "temporary shortage of suitable candidates in China" for the post, such as high-end technology research and development, international business development and other special fields. In principle, foreign employees are not allowed to be employed in ordinary posts, and the posts shall not involve fields prohibited by the state (such as secret-related posts and some commercial performances).
3. salary and welfare standard
   employers are required to pay foreign employees a salary not lower than the local minimum wage standard, and some high-end positions are required to meet higher salary requirements (e.g. the average wage income is not lower than 4 times the average social wage income of the previous year in the region), and pay social insurance and housing accumulation fund according to law.

2. foreign employee qualification and employment process

1. foreign employee basic conditions
• At least 18 years old, healthy and free from infectious diseases;
• Possess the professional skills, educational background or work experience required for the position;
• No criminal record;
• Hold a valid passport or international travel document.

1. processing of work permit and residence certificate
• foreign employees need to enter the country with Z visa, and the employer needs to apply for the notice of work permit for foreigners;
• Within 15 days after joining the company, the employer shall apply for the Foreigner Work Permit for the employee;
• Within 30 days after joining the company, the employee shall apply for the residence certificate at the public security organ with the work permit.

1. labor contract signing specification
   employers are required to sign bilingual labor contracts in Chinese and English with foreign employees, specifying the work content, term, salary, welfare and other terms. The maximum term of the labor contract shall not exceed 5 years, and those who need to renew the contract upon expiration shall apply 30 days in advance.

3. legal risk prevention and control and compliance management

1. qualification examination and authenticity of materials
   employers shall strictly examine the authenticity of foreign employees' academic certificates, professional qualification certificates, no criminal record certificates and other materials. Falsification of materials will invalidate the employment and may face legal penalties.
2. job change and certificate update
   when foreign employees change employers, employment areas or occupations, they need to go through the work permit procedures again. Employers are required to report post change information to relevant departments in a timely manner to avoid legal disputes caused by invalid documents.
3. resignation and cancellation of certificates
   after the termination of the labor contract, the employer shall promptly report to the labor and public security departments, return the work permit and residence certificate of the foreign employee, and assist in the exit formalities. If the certificate is not canceled in accordance with the provisions, the employer may bear joint and several liability.

4. cultural integration and long-term retention strategy

1. entry adaptation support
   to provide cultural training for foreign employees to help them understand Chinese workplace etiquette, laws and regulations and common sense of life. Arrange "cultural tutors" to help solve life problems (such as renting, transportation) and shorten the adaptation cycle.
2. career development channel
   formulate personalized career planning, provide international training opportunities (such as overseas participation, cross-departmental job rotation), and enhance the sense of belonging and loyalty of foreign employees. For high-end talents, long-term retention mechanisms such as equity incentives can be designed.
3. diversified team building
   promote the integration of Chinese and foreign employees through team activities (such as cross-cultural exchange day and international festival celebration), and create an inclusive and open working atmosphere. Encourage foreign employees to participate in corporate decision-making to enhance their sense of participation and value.

key points for hiring 5. special types of foreign talents

1. foreign high-end talents (category a)
   talents that meet the requirements of "high-level and sharp shortage" and market demand-oriented, such as scientists, science and technology leaders, international entrepreneurs, etc., can enjoy priority approval, relaxation of age restrictions and other policies. Employers need to focus on the "irreplaceable" position ".
2. foreign professionals (category B)
   must have a bachelor's degree or above and 2 years or above relevant working experience, and the age is not more than 60 years old. The employer is required to provide a detailed job demand report to prove that there is a shortage of suitable candidates in China.
3. internship and short-term project personnel
   to employ foreign interns or short-term project personnel, it is necessary to ensure that they hold study residence certificates or r visas, and specify the internship period and work content. The employer shall avoid extended use or illegal employment.

Conclusion

It is an inevitable choice for employers to employ foreigners in global competition, but it must be based on compliance. By strictly reviewing qualifications, optimizing process management, strengthening risk prevention and control, and promoting cultural integration, enterprises can not only attract high-quality foreign employees, but also build a long-term and stable talent ecology. In the wave of globalization, compliance and cultural inclusion will become the key elements to enhance the core competitiveness of enterprises.