Full analysis of qualifications and processes required by enterprises to recruit foreign talents

With the acceleration of globalization, more and more enterprises begin to pay attention to the introduction of foreign talents. However, the recruitment of foreign employees is not a simple employment behavior, but needs to follow strict laws and regulations and approval process. This article will introduce in detail the qualifications and specific processes required by enterprises to recruit foreign talents to help enterprises complete the recruitment work in a compliant and efficient manner.

Basic Qualifications for 1. Enterprises

If an enterprise wants to recruit foreign employees, it must first ensure that it has the qualifications to operate legally. Specifically, the enterprise must be established in accordance with the law, there is no record of serious violations of laws and untrustworthiness, and the positions recruited must meet the conditions of "special needs and temporary shortage of suitable candidates in China", and must not violate relevant national regulations. In addition, companies need to ensure that the wages paid to foreign employees are not lower than the local minimum wage. If the industry to which the enterprise belongs involves pre-approval, the relevant approval procedures shall be completed in advance.

Conditions for 2. foreign employees

Foreign employees must be at least 18 years of age, be in good health, have no criminal record, and hold a valid passport or other international travel document. In addition, foreign employees need to have the necessary professional skills or appropriate knowledge level to engage in their work, and the work they are engaged in should meet the needs of China's economic and social development, which belongs to the urgent need of professional fields in China.

According to the qualifications and abilities of foreign employees, they can be divided into three categories:

1. foreign high-end talents (category a): including scientists, science and technology leaders, international entrepreneurs, etc, it is not limited by age, education and work experience.
2. foreign professionals (category B): bachelor's degree or above and 2 years or above relevant working experience are required, and the age is not more than 60 years old. For innovative and entrepreneurial talents, professional skills, etc., the conditions can be appropriately relaxed.
3. Other foreign personnel (category C): Other foreign personnel who meet the needs of the domestic labor market.

3. the recruitment process and required materials

1. Apply for an employment permit

The enterprise shall submit an application to the local labor administrative department, fill in the Application Form for Employment of Foreigners, and provide the resume certificate, letter of intent, reason report, qualification certificate, health status certificate and other materials of the foreign employee to be employed. After the examination and approval of the competent department of the industry, the labor administrative department will issue the Employment Permit for Foreigners.

2. Apply for work visa

Foreign employees are required to apply for Z visa at Chinese embassies and consulates abroad with the Employment Permit for Foreigners and valid domestic passport. If a mutual visa exemption agreement is involved, it must be handled according to the agreement.

3. apply for employment permit and residence permit

foreign employees are required to hold employment permit, Z visa and related materials within 30 days after entering the country, apply for the Employment Permit for Foreigners at the labor administrative department and apply for a residence permit at the public security organ. Employment Permits and Residence Permits are subject to regular annual inspection and renewal.

4. labor contracts and social security contributions

Enterprises and foreign employees are required to enter into labor contracts in accordance with the law for a maximum period of five years. The labor contract shall specify the wage standard and ensure that it is not lower than the local minimum wage standard. In addition, enterprises are required to register social insurance for foreign employees and pay basic old-age insurance, medical insurance, industrial injury insurance, unemployment insurance and maternity insurance within 30 days from the date of applying for the employment permit. For countries that have signed a bilateral social insurance agreement with China, their employees may be exempted from part of the insurance payment obligations under the agreement.

5. precautions

1. certificate consistency : the working unit of foreign employees must be consistent with the unit indicated on the employment certificate and cannot be part-time.
2. validity period of certificate : enterprises should pay attention to the validity period of employment permit and residence permit of foreign employees and go through the extension procedures in time.
3. Legal Compliance : Enterprises should strictly abide by the Regulations on the Employment of Foreigners in China and other relevant laws and regulations to avoid the risk of illegal employment.

Conclusion

The recruitment of foreigners is an important step in the internationalization of the enterprise, but it needs to strictly follow the laws, regulations and approval process. By understanding the qualifications, recruitment process and precautions that enterprises and foreign employees need to meet, enterprises can complete the introduction of foreign talents in a compliant and efficient manner, and inject new impetus into the global development of enterprises.