Enterprises hire foreign employees: legal compliance is a prerequisite, risk prevention and control needs to be in place

Enterprises hire foreign employees: Legal compliance is the prerequisite, and risk prevention and control must be in place

In the context of globalization, enterprises hire foreign employees has become the norm. Whether it is multinational companies expanding into the Chinese market or local companies seeking international talents, the participation of foreign employees can bring multicultural perspectives and professional skills to enterprises. However, if enterprises do not strictly abide by the relevant laws and regulations, the employment of foreign employees may face legal risks, and even lead to serious consequences.

Core conditions for 1. the lawful employment of foreign employees

According to the Regulations on the Administration of Foreigners' Employment in China and the Exit-Entry Administration Law, the employment of foreign employees by enterprises must meet the following conditions:

1. job particularity : foreign employees must be engaged in positions that are temporarily short of suitable candidates in China and do not violate national regulations. For example, a technology company hiring a German algorithm engineer needs to prove that the position requires a specific technical background and that domestic talent is scarce.
2. qualification examination : foreign employees should be at least 18 years old, in good health, with professional skills required for work and more than 2 years of relevant work experience, and provide proof of no criminal record.
3. legal certificate : enterprises need to apply for "foreigner work permit" and work residence certificate for foreign employees. Employment without a certificate or beyond the scope of a permit is illegal. For example, a construction company was fined 20000 yuan for employing two foreigners with tourist visas.
4. Labor Contract : Enterprises need to sign a written labor contract with foreign employees for a maximum period of 5 years. If the contract expires and needs to be renewed, it is necessary to apply for an extension and renew the employment permit 30 days in advance.

Legal consequences and risks of 2. illegal employment

Illegal employment of foreign employees may face administrative penalties, criminal liability and credit risks:

1. administrative punishment : according to the exit and entry administration law, enterprises that illegally employ foreign employees will be fined 10000 yuan for each person illegally employed, with a total amount not exceeding 100000 yuan. If there is any illegal income, the illegal income shall be confiscated. For example, a restaurant was fined and ordered to rectify for hiring foreign employees without work permits.
2. criminal responsibility : if the illegal employment is serious, such as long-term employment of a large number of foreign personnel to engage in high-intensity labor and serious infringement of the rights and interests of workers, the person in charge of the enterprise may be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined. The penalties will be heavier if they involve crimes such as forced labor and organizing illegal border crossings.
3. Credit risk : Illegal employment practices will be documented, affecting subsequent recruitment, financing and government cooperation. For example, a company was placed on a dishonest list for illegally hiring foreign employees, resulting in the rejection of a bank loan application.

practical suggestions 3. compliance employment of enterprises

1. pre-review : before recruitment, it is necessary to confirm whether the position meets the employment conditions of foreign employees, so as to avoid rejection of the application due to position inconsistency. For example, an enterprise intends to recruit foreign sales personnel, but the application is not approved because of the sufficient domestic talents for the position.
2. certificate management : establish a certificate account for foreign employees, regularly check the validity of work permits and residence certificates, and avoid illegal employment due to expired certificates. For example, an enterprise was fined and rectified within a time limit for failing to extend the employment permit for foreign employees in time.
3. contract specification : the labor contract shall specify the terms of work content, salary, working hours, etc., and indicate that the salary shall not be lower than the local minimum wage standard. For example, an enterprise's application for a work permit was returned for modification because the contract did not specify the salary amount.
4. social security payment : pay social insurance for foreign employees in accordance with the law, but citizens of countries that have signed a bilateral social security agreement with China can be exempted from paying part of the insurance. For example, when an enterprise pays social security for German employees, it is exempt from pension and unemployment insurance under the Sino-German agreement.
5. Cultural Integration : Provide cross-cultural training to help foreign employees adapt to the Chinese workplace environment. For example, an enterprise through the organization of the Mid-Autumn Festival cultural experience activities, enhance the identity of foreign employees to the enterprise.

4. typical case analysis

• case 1: legal employment promotes development
  a new energy automobile enterprise recruits Japanese battery experts, and strictly examines their academic qualifications, working experience and no criminal record, obtain work permits and residence permits in accordance with the law, and sign a five-year labor contract. The expert led the team to break through the technical bottleneck and help the enterprise become the industry leader.
• case 2: heavy penalty for illegal employment
  in order to save costs, a catering enterprise employs three foreigners holding tourist visas to work as kitchen staff. After being reported, the company was fined 30000 yuan and the person in charge was detained for 5 days. The damage to the company's reputation led to a 30% drop in passenger flow.

Conclusion

Hiring foreign employees is an important part of an enterprise's internationalization strategy, but legal compliance is a prerequisite. Enterprises need to control risks in the whole process from qualification examination, certificate management to labor rights and interests protection, so as to avoid legal disputes caused by procedural omissions. At the same time, through cultural integration and career development support, foreign employees and enterprises to achieve common growth. In today's increasingly fierce global competition, a compliant and efficient team of foreign employees will become the core asset for enterprises to break through the bottleneck of growth.