the whole process compliance guide for enterprises to employ foreign employees: from qualification examination to certificate processing

with the acceleration of globalization, enterprises to employ foreign employees has become an important way to enhance international competitiveness. However, this process involves complex legal procedures and rigorous qualification checks. This article will sort out the key procedures required for enterprises to employ foreign employees in detail, and provide a systematic operation guide for enterprises.

1. enterprise qualification examination: laying a legal foundation

Before deciding to employ foreign employees, enterprises should first confirm whether they have legal qualifications. According to the relevant regulations, the enterprise must meet the following conditions:

1. established according to law : the enterprise must hold a valid business license or registration certificate, and there is no record of serious violation of law and dishonesty.
2. job particularity : the recruitment position must meet the conditions of "domestic shortage of suitable candidates" or "special needs" and does not violate national regulations. For example, technical experts, international business executives and other positions are preferred, and ordinary labor positions (such as waiters and general workers) are not allowed to employ foreigners in principle.
3. industry pre-approval : if the industry to which the enterprise belongs involves pre-approval (such as education, medical care, finance, etc.), it must first obtain the approval of the competent department of the industry. For example, the recruitment of foreign teachers in international schools requires a school license and documents filed by the education department.

2. foreign employee qualification review: ensuring talent adaptation

Foreign employees must meet the following basic conditions:

1. Basic threshold : At least 18 years of age, in good health, with no criminal record, holding a valid passport or other international travel documents that can replace a passport.
2. professional skills and experience : have the necessary professional skills and corresponding work experience to engage in their work. For example, the recruitment of German engineers to optimize the production line, you need to verify the bachelor's degree and more than 2 years of relevant work experience.
3. Education and age limit : According to the job category, foreign employees need to meet different education and age requirements. For example, Class B professionals need to have a bachelor's degree and more than 2 years of relevant working experience, and the age is not more than 60 years old.

3. work permit application: opening the door to legal employment

The work permit is proof of the foreign employee's legal permission to work in China. Enterprises are required to follow the following procedures:

1. online application submission : enterprises are required to submit relevant materials in the service management system for foreigners to work in China, including enterprise business license, organization code certificate, tax registration certificate, etc., as well as the resume certificate, employment letter of intent, qualification certificate, etc. of the foreign employees to be employed.
2. examination and approval by the competent department of the industry : if the enterprise has a competent department of the industry, it must obtain its examination and approval before applying to the license issuing authority of the labor administrative department. An enterprise at the central level or an employing unit without a competent department of the industry may apply directly to the labor administrative department.
3. Obtain a permit certificate : After approval, the enterprise will obtain the "Foreigner Work Permit Notice", which is an important basis for subsequent visa and residence permits.

4. visa application: ensuring smooth entry

After obtaining a work permit, foreign employees are required to apply for a work visa (Z visa) from the Chinese embassy or consulate in their country or region. The enterprise shall provide the following materials:

1. invitation letter : issued by the enterprise, indicating the position, entry time, salary and other information of foreign employees.
2. Employment contract : specify the rights and obligations of both parties, including work content, salary, working hours, etc.
3. Proof of work permit : I .e. Notice of Work Permit for Foreigners or other relevant supporting documents.

5. Employment Permit Processing: Completion of Domestic Employment Registration

Enterprises are required to assist foreign employees in obtaining employment permits within 15 days of entry. The process is as follows:

1. submission materials : including passport, work permit certificate, medical certificate, labor contract, etc.
2. Fill in the registration form : Foreign employees should fill in the "Foreigner Employment Registration Form" and confirm it by the company's seal.
3. Obtain Employment Permit : After being examined and approved by the labor administrative department, foreign employees will obtain the Foreigner Employment Permit, which is the certificate of their legal employment in China.

6. residence permit processing: guarantee long-term residence

Within 30 days after entering the country, foreign employees need to apply for work residence certificates at the exit and entry administration of the public security organ. Enterprises are required to provide the following materials:

1. passport : valid passport or other international travel documents that can replace passport.
2. Employment Permit : Foreigner Employment Permit that has been processed.
3. Medical Certificate : A medical report issued by a designated medical institution.
4. Accommodation Registration Certificate : Foreign employees are required to register with the local public security organ within 24 hours after check-in.

7. social insurance contributions: protecting employees' rights and interests

According to relevant regulations, enterprises recruiting foreigners shall participate in the basic old-age insurance for employees, basic medical insurance for employees, work-related injury insurance, unemployment insurance and maternity insurance in accordance with the law, and the enterprises and themselves shall pay social insurance premiums in accordance with the provisions. Enterprises need to operate according to the following procedures:

1. registration of insurance : enterprises need to register foreign employees with local social insurance agencies.
2. monthly payment : enterprises are required to pay social insurance premiums for foreign employees on a monthly basis and withhold and remit their personal contributions.
3. Protection of rights and interests : Foreign employees enjoy the same rights as Chinese citizens in terms of social insurance benefits.

8. compliance management and follow-up services: building a long-term relationship

After hiring foreign employees, companies need to strengthen compliance management and follow-up services:

1. Regular training : Provide training on Chinese culture, enterprise system and cross-cultural communication to help foreign employees adapt to the new environment quickly.
2. Performance Evaluation : Establish a regular performance evaluation mechanism to ensure that the performance of foreign employees meets the requirements of the company.
3. Life support : Assist foreign employees to solve living problems such as accommodation, children's schooling, medical treatment, etc., and improve their sense of belonging.
4. legal advice : regularly consult professional lawyers or immigration agencies to ensure compliance in the whole process of employing foreign employees.