Compliance Guide for Enterprises to Employ Foreign Talents: Analysis of the Whole Process from Qualification Examination to Employment Management
Compliance Guide for Enterprises to Hire Foreign Talents: Analysis of the Whole Process from Qualification Examination to Employment Management
Under the background of globalization, it has become the norm for enterprises to enhance their technological competitiveness and expand the international market by introducing foreign talents. However, the employment of foreign employees involves multiple links such as legal compliance, qualification review, and employment management. Enterprises need to establish a systematic process to ensure legal compliance. This paper will analyze the four aspects of enterprise qualification, foreign employee conditions, employment process and management points, and provide a landing operational framework for enterprises.
Qualifications to be met by 1. enterprises
1. Legal establishment and credit requirements
enterprises must complete industrial and commercial registration in accordance with the law, and there is no record of serious violation of law and breach of trust. Newly established enterprises can also apply for the employment of foreign employees if they meet the operating conditions (such as actual office address and no labor arbitration disputes).
2. post particularity and domestic suitability
the employed post must conform to the principle of "there is a temporary shortage of suitable candidates in China" and does not violate national regulations. For example, the enterprise needs to prove that the position needs to rely on the professional skills of foreign employees (such as technical experts in specific fields and international market operation talents), and there is no domestic talent with the same ability to replace it.
3. salary and industry approval requirements
the salary paid by the enterprise to foreign employees shall not be lower than the local minimum wage standard. If the post involves pre-approval (such as finance and education), the approval of the competent department of the industry shall be completed in advance. For example, foreign teachers need to be certified by the education sector and foreign doctors need to be licensed to practice in the health sector.
Core conditions for 2. foreign employees
1. Basic Qualification Threshold
- Age and Health : Must be at least 18 years old, in good health, without infectious diseases or mental disorders.
- No criminal record : A certificate of no criminal record issued within 6 months is required and certified by Chinese embassies and consulates abroad.
- professional ability matching : the professional skills or knowledge level required for the position are required. For example, technical positions need to provide academic certificates and work experience certificates; management positions need to provide past team management cases.
2. Talent Classification and Differentiated Access
According to the Classification Standards for Foreigners Working in China, foreign employees are divided into three categories:
- category a (high-end talents): such as nobel prize winners and international well-known enterprise executives, they can break through the age and educational background restrictions.
- category B (professionals): bachelor's degree or above and 2 years of relevant working experience are required, and the age is not more than 60 years old. Those who meet the conditions of innovation and entrepreneurship, professional skills, etc. can relax the restrictions.
- Category C (other personnel): to meet the needs of the domestic labor market, such as seasonal laborers.
3. Documents and Visa Requirements
Foreign employees are required to hold a valid passport or international travel document and apply for a work permit and work-type residence permit through an enterprise. It is illegal employment to work without the above-mentioned documents or beyond the scope of permission.
3. enterprise employment management points
1. Permit application and visa processing
- Permit application : Enterprises are required to submit materials through the "Management Service System for Foreigners Working in China", including labor contract, academic certification, proof of no criminal record, etc. The audit cycle is usually 5-10 working days.
- visa processing : foreign employees apply for Z visa based on the notice of work permit for foreigners, complete medical examination, accommodation registration and renew the work permit for foreigners within 15 days after entering the country.
2. Labor contract signing and term management
- contract term : the maximum labor contract is not more than 5 years, you need to apply for an extension 30 days before the expiration date. For example, when a technology company renews a foreign algorithm expert, it needs to submit a project progress report and employee performance evaluation in advance to prove the necessity of the extension.
- prohibition clause : no labor contract with no fixed term shall be signed, otherwise the contract may not be performed due to invalid documents.
3. Social insurance and benefits
- mandatory enrollment : enterprises are required to pay pension, medical, work injury, unemployment and maternity insurance for foreign employees. For example, a manufacturing company that failed to pay social security for foreign engineers was ordered to pay back and pay late fees.
- bilateral agreement exemption : if foreign employees come from countries (such as Germany and Japan) that have signed bilateral social security agreements with China, they can be exempted from part of the insurance payment obligation with the insurance certificate.
4. the prevention and control of long-term employment risks
1. annual inspection and certificate renewal
enterprises need to handle annual inspection of employment permits for foreign employees every year. failure to do so will result in invalid certificates. For example, a foreign company did not conduct an annual inspection in time, resulting in foreign executives unable to work legally and delayed project progress.
2. Turnover and Cancellation Management
After a foreign employee leaves, the company is required to cancel his work permit and residence permit within 10 days. Failure to cancel in time may result in enterprises facing illegal employment penalties.
3. Cultural integration and team management
Enterprises need to establish a cross-cultural communication mechanism to avoid conflicts caused by cultural differences. For example, an Internet company has improved the integration of foreign employees and increased team efficiency by 20% by holding regular cultural exchange activities and providing Chinese training.