Compliance conditions and process guidelines for enterprises to recruit foreign employees

With the progress of globalization, more and more enterprises begin to consider introducing foreign talents to enhance the competitiveness of their teams. However, the recruitment of foreign employees is not a simple recruitment process, enterprises need to strictly abide by Chinese laws and regulations to ensure compliance. This article will detail the core conditions and key processes that companies need to meet to recruit foreign employees.

1. enterprise qualification and legality requirements

1. legal registration
   enterprises need to complete industrial and commercial registration and obtain legal business qualifications in accordance with the the People's Republic of China company law. Enterprises that have not completed registration or have illegal business records will not be able to pass the recruitment approval of foreign employees.
2. no record of serious violation of law and dishonesty
   enterprises need to ensure that they have no major violations of laws and regulations, including but not limited to tax violations, labor disputes, etc. Relevant departments will check the qualification of enterprises through the credit information platform, and enterprises with dishonest records will be restricted from recruiting foreign employees.

2. job particularity and demand matching

1. job special demand determination
   the job for enterprises to recruit foreign employees should meet the condition of "there is a temporary shortage of suitable candidates in China, for example, it involves high-end technology research and development, international business development and other special fields. In principle, foreign employees shall not be recruited for ordinary posts.
2. post compliance review
   enterprises need to ensure that recruitment positions do not violate national laws and regulations, for example, foreign employees are not allowed to engage in commercial theatrical performances (unless they meet specific exemption conditions).

3. foreign employee qualification requirements

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

1. work permit and residence certificate
• enterprises need to apply for the the People's Republic of China foreigner employment permit for foreign employees, and employees need to enter the country with a z visa;
• 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. recruitment process and material preparation

1. applying for employment permit
• enterprises are required to fill in the "employment application form for employment of foreigners" and 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 (such as academic certificate, professional qualification certificate), health status certificate and no criminal record certificate of the foreign employee;
• qualification documents such as business license, contract and articles of association of the enterprise.

1. approval and issuance
• After the approval of the industry competent department, the enterprise needs to go through the approval procedures at the labor administrative department, obtaining the "Foreigner Employment License";
• Foreign-invested enterprises can directly apply for the license from the labor administrative department on the basis of relevant documents, without the approval of the competent industry department.

1. labor contract and salary standard
• The enterprise shall sign labor contract with foreign employees for a period of no more than 5 years.
• The salary shall not be lower than the local minimum wage standard, some high-end positions need to meet higher salary requirements (for example, the average wage income is not less than 4 times the average social wage income of the previous year in the region).

5. follow-up management and compliance requirements

1. annual inspection of employment certificate
   enterprises are required to handle annual inspection procedures of employment certificate for foreign employees every year, failure to do so will result in the expiration of the employment permit.
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 apply to the labor administrative department for extension of employment time 30 days in advance.

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 conditions

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

Recruiting foreign employees is an important step in the internationalization of an enterprise, but compliance is a prerequisite. Enterprises need to strictly abide by laws and regulations to ensure that the recruitment process is legal, complete materials and standardized management. 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.