Analysis of the whole process of recruiting foreign employees: key elements from qualification to landing

Analysis of the whole process of recruiting foreign employees: key elements from qualification to landing

In the global business development, recruiting foreign employees has become an important strategy for enterprises to enhance their international competitiveness. However, this process involves legal, administrative, cultural and other multi-dimensional requirements, enterprises need to fully grasp the core elements to avoid risks. The following are five major links from qualification preparation, post adaptation, personnel review, formalities handling to follow-up management, and the key points of recruiting foreign employees are systematically sorted out.

1. enterprise qualification: the basic premise of legal recruitment

1. basic business qualification
enterprises need to have legal business license, organization code certificate and other basic documents, and no serious illegal and dishonest records. For example, a trading company was included in the list of business anomalies due to its failure to submit its annual report on time, resulting in the rejection of a work permit for foreign talents.

2. Industry access permit

• foreign-invested enterprise : the employment permit can be directly applied for by the contract, articles of association and approval certificate without the approval of the competent department of the industry;
• Education/medical field : Pre-approval by education and health departments is required. For example, when an international school recruits foreign teachers, it is required to submit the job requirement description and candidate qualification certificate issued by the education bureau.
• national key projects : project certification documents issued by provincial and ministerial government departments are required.

3. special type enterprise channels
central-level employers (such as central enterprises and state-owned enterprises) and units without industry competent departments can directly apply for employment permits from the labor administrative department to simplify the approval process.

2. position adaptation: scarcity and compliance double verification

1. Core job conditions
According to the Regulations on the Employment of Foreigners in China, foreign jobs must meet:

• There is a temporary shortage of suitable candidates in China : such as artificial intelligence algorithm engineers, cross-border M & A experts, etc;
• have special needs : such as minor language translation, foreign teachers in international schools, etc.;
• does not violate national regulations : illegal industries such as pornography and gambling are prohibited.

2. Salary and contract requirements

• Salary must not be lower than the local minimum wage standard (for example, 2420 yuan/month in Beijing);
• the term of the labor contract shall not exceed 5 years, and the license shall be reapplied upon expiration.

3. typical compliance case
when a manufacturing enterprise recruits foreign engineers, it successfully proves the scarcity of jobs and successfully passes the examination and approval by submitting the salary level report of similar jobs in China and the professional qualification comparison form of candidates.

3. personnel review: comprehensive screening of education, experience and background

1. Basic access conditions

• At least 18 years old and in good health (medical certificate within 6 months is required);
• No criminal record (certified by embassy or consulate, issued within 6 months);
• have a valid passport (valid for not less than 6 months).

2. Professional skills grading standards

• Class A (high-end talents): Nobel Prize winners, academicians, etc., exempt from academic qualifications;
• category B (professionals): bachelor's degree or above and 2 years of relevant working experience are required;
• category c (other personnel): if seasonal laborers are required to provide industry access certificate.

3. key points of background check
a technology company failed to verify the authenticity of the top meeting papers published by the candidates, resulting in the rejection of the identification of class a talents and the delay of the project progress for 3 months.

4. formalities: the whole process from visa to residence

1. Application for Employment Permit
Enterprises are required to submit business license, job description, candidate qualification and other materials in the "Management Service System for Foreigners' Work in China", and obtain the "Work Permit Notice" after approval.

2. Visa and Entry Procedures

• Foreigners apply for Z visa at Chinese embassies and consulates abroad with the Work Permit Notice;
• within 24 hours after entering the country, you need to go to the police station at your place of residence for temporary residence registration.

3. Residence Permit Processing
Within 30 days after entry, enterprises are required to assist in the processing of work-type residence permits, which are usually valid for the same period as the contract period. A foreign company was fined 2000 yuan for failing to handle the matter in time, resulting in the employee's extended stay.

5. follow-up management: compliance operation and risk prevention and control

1. social security payment obligation
enterprises must pay "five insurances" for foreign employees, and the payment base shall not be lower than the local standard. A company was ordered to pay high medical expenses and late fees for failing to pay social security.

2. Annual inspection and change management

• The work permit shall be inspected annually and shall expire after the expiration of the time limit.
• The employee's certificate shall be changed in time for resignation or job change, otherwise, the company may face a fine of up to 100000 yuan.

3. cross-cultural support system
a manufacturing enterprise offers Chinese courses and Chinese labor law training for foreign engineers, reducing communication costs by 30% and reducing the risk of labor disputes.

6. typical risks and coping strategies

Risk Case 1: punishment of illegal employment
a catering enterprise employed foreign waiters without a work permit, which was found to be illegal employment and was eventually fined 100000 yuan.
response : establish a compliance management ledger for foreign employees and regularly check the validity of certificates.

Risk Case 2: Contract Dispute
A 10-year contract between an enterprise and a foreign executive was deemed invalid because it exceeded the legal deadline.
Response : The contract period shall be controlled within 5 years, and the extension process shall be started 30 days before the expiration.

7. enterprise practical operation suggestion

1. advance planning : the recruitment cycle usually takes 3-6 months, and it is recommended to start qualification registration and job demand analysis in advance;
3. material authenticity : ensure that no criminal record, academic certificates and other materials are certified by embassies and consulates to avoid false information;
4. cultural integration : enhance the sense of belonging of foreign employees through cross-cultural training and team building activities;
5. legal compliance : regularly organize labor law training to ensure that employment management complies with the Regulations on the Administration of Employment of Foreigners in China and other regulations.

The recruitment of foreign employees should be based on compliance, and build an efficient and stable international team through systematic process management and risk prevention and control. Enterprises should combine their own business needs, refer to official guidelines and typical cases, ensure that every step of the operation meets the legal requirements, and provide talent support for the globalization strategy.