analysis of compliance threshold and key conditions for enterprises to employ foreign talents

under the background of intensified global competition, the introduction of foreign talents by enterprises has become an important way to enhance their innovation ability and international competitiveness. However, the employment of foreign employees is not a simple recruitment behavior, enterprises need to meet strict qualification requirements and compliance conditions. This paper will systematically sort out the core threshold for enterprises to employ foreign talents, help enterprises avoid legal risks and achieve compliance.

1. the qualification requirements for the main body of the enterprise

1. legal business qualification
   the enterprise shall complete the industrial and commercial registration according to law, obtain the business license, and ensure that the business scope is related to the position to be employed. Enterprises that have not completed registration or have abnormal operations will not be able to pass the examination and approval of the employment of foreign employees.
2. industry access restrictions
   some industries (such as finance, education, medical care) have additional restrictions on the employment of foreign or foreign talents, and enterprises need to confirm whether their qualifications meet the regulatory requirements of the industry.
3. credit record verification
   enterprises shall have no record of major violations of laws and regulations, including dishonesty in taxation, labor disputes, environmental protection, etc. Relevant departments will check the qualification of enterprises through the credit information platform, and enterprises with bad records will be restricted from employing foreign employees.

2. job requirements and compliance review

1. job special needs certificate
   enterprises need to prove that there is a "temporary shortage of suitable candidates in China" for the positions they hire, for example, high-end technology research and development, international business development and other special areas. In principle, foreign employees are not allowed to be employed in ordinary posts.
2. post compliance assessment
   enterprises need to ensure that the post does not involve areas prohibited by the state from foreign personnel, such as commercial theatrical performances (unless they meet specific exemption conditions), classified posts, etc.
3. salary and welfare standard
   enterprises 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 according to law.

3. foreign employee qualification requirements

1. basic conditions
• At least 18 years old, in good health, 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. work permit and residence certificate
• foreign employees need to enter the country with z visa, and enterprises need to apply for "foreigner employment permit" for them;
• within 15 days after joining the company, enterprises are required to apply for "Foreigner Employment Permit" for employees;
• within 30 days after joining the company, employees are required to apply for residence permit from the public security organ with employment permit.

4. employment process and material preparation

1. employment permit application
   enterprises are required to submit the following materials to the competent department of the industry:
• resume certificate, letter of intent and job demand report of the foreign employee to be employed;
• qualification certificate of foreign employee (such as academic certificate, professional qualification certificate), health status certificate and no criminal record certificate;
• qualification documents such as business license, contract and articles of association.

1. approval and issuance
• After the approval of the industry competent department, the enterprise needs to go through the approval procedures with the labor administrative department and obtain the Foreigner Employment Permit;
• A foreign-invested enterprise may apply for a license from the labor administrative department directly on the basis of the relevant documents, without the approval of the competent department of the industry.

1. labor contract signing
   enterprises need to sign labor contracts with foreign employees, specifying the work content, duration, salary 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.

5. follow-up management and compliance obligations

1. annual inspection of employment permit
   enterprises need to go through the annual inspection procedures for foreign employees. failure to do so within the time limit will cause the employment permit to become invalid.
2. information change and renewal
   
• when foreign employees change their employers, employment areas or occupations, they need to go through the employment permit formalities again;
• if the labor contract needs to be renewed upon expiration, the enterprise shall submit the renewal application in time.

1. resignation and cancellation of certificates
   after the labor contract is terminated, the enterprise shall promptly report to the labor and public security departments, return the employment certificates and residence certificates of foreign employees, and assist in handling exit formalities.

6. special circumstances and exemption policy

1. exemption from employment permit and employment permit
• foreign experts directly funded by the government (holding "foreign expert certificate");
• foreign personnel carrying out Sino-foreign cooperation and exchange projects;
• Chief representative and representative of the permanent representative office of a foreign enterprise in China.

1. exemption certificate
   foreigners who directly apply for employment permits after entering the country with z-visa and relevant certificates, such as foreign experts who carry out cooperation projects in accordance with international agreements.

Conclusion

The employment of foreign employees is an important measure for the international development of enterprises, but compliance is a prerequisite. Enterprises should strictly follow laws and regulations to ensure that their own qualifications, job requirements, qualifications of foreign employees and employment processes are in line with the requirements. Through compliance operation, enterprises can not only avoid legal risks, but also provide a stable working environment for foreign employees and realize the common development of talents and enterprises. In the global competition, compliance will become the key factor to enhance the core competitiveness of enterprises.