The whole process compliance guide for enterprises to recruit foreign employees: the complete path from qualification to residence

Compliance Guide for Enterprises to Recruit Foreign Employees: Complete Path from Qualification to Residence

In the context of globalization, enterprises have become an important way to enhance their international competitiveness by recruiting foreign employees. However, this process involves a strict legal framework and administrative approval, and companies need to fully grasp the details of the process to avoid compliance risks. The following is a systematic review of the entire chain of operations from qualification opening, permit application, visa processing to residence management.

1. enterprise qualification opening: basic threshold for legal recruitment

1. registration of external qualifications
enterprises are required to complete account registration in the "management service system for foreigners coming to China" and submit basic materials such as business license, organization code certificate, handling person's id card, etc. Some cities require the original to carry out offline verification, and the audit cycle is usually 5 working days. For example, when a technology company registered in Beijing, the audit was delayed for 3 days because it did not provide the latest version of its business license.

2. Industry special approval

• Foreign-invested enterprise : can directly apply for the license with the contract, articles of association, approval certificate and business license, no industry authority approval is required.
• Education/medical field : Pre-approval by education and health departments is required. For example, when an international school recruits foreign teachers, it needs to submit a job requirement statement and candidate qualification certificate to the Education Bureau.

2. work permit application: double review of position and personnel

1. post condition verification
enterprises need to prove that the post conforms to the principle of "domestic shortage of suitable candidates" and provide industry reports, recruitment records and other supporting materials. For example, when a manufacturing company recruits foreign engineers, it needs to submit a comparison table of salary levels for similar positions in China and the professional qualifications of candidates.

2. Foreign personnel qualification examination

• basic conditions : at least 18 years of age, in good health (medical certificate within 6 months), no criminal record (certified by the embassy or consulate), and a valid passport.
• professional requirements :
• category a talents : nobel prize winners, academicians, etc. can be exempted from academic qualifications.
• category B talents : bachelor's degree or above and 2 years of relevant working experience are required;
• category C talents : seasonal laborers are required to provide industry access certificates.

3. submission and review of materials
enterprises need to upload work qualification certificates, degree certificates, certificates of no criminal record, medical examination reports, employment contracts and other materials. A biomedical company did not provide the top meeting papers published by the candidates, resulting in the rejection of Class A talents.

3. visa and entry procedures: the whole process from invitation to entry

1. issuance of work permit notice
after the examination and approval, the enterprise prints the "foreigner work permit notice" online, which is the core basis for foreigners to apply for visas. For example, an engineer of a German enterprise completes the Z visa application within 3 working days at the Berlin embassy with this notice.

2.Z visa application points
foreigners need to go to Chinese embassies and consulates abroad with permission notice, passport, photo, visa application form and other materials. The visa is usually valid for 30 days, and the residence permit must be started immediately after entry.

3.24-hour registration after entry
Foreigners are required to register for temporary residence at the local police station with their passports within 24 hours of arrival. A foreign company executive was fined 500 yuan for failing to register in time.

4. residence permit processing: legal certificate for long-term work

1. Application for Work Permit
Within 15 days after entry, the enterprise shall assist the foreign employees to apply for the Work Permit for Foreigners at the local science and technology bureau with the permission notice, passport and medical certificate. For example, an Internet company does not handle the deadline, resulting in employees facing the risk of illegal employment.

2. application for residence permit
within 30 days after entry, you need to go to the exit and entry administration of the public security organ to apply for residence permit with work permit, passport and photo. The length of stay is usually consistent with a work permit, up to a maximum of 5 years. A manufacturing enterprise was fined 2000 yuan for failing to handle the matter in time, resulting in the employee's extended stay.

3. Annual inspection and extension management

• Annual inspection requirements : The work permit is subject to annual inspection and expires after the deadline.
• Extension process : 30 days before the expiration of the contract, the enterprise needs to submit an extension application and update materials. A financial institution did not apply for an extension in advance, resulting in the invalidation of the employee's work permit.

5. compliance risk prevention and control: the legal red line that enterprises must know

1. social security payment obligation
enterprises must pay "five insurances" for foreign employees, and the payment base shall not be lower than the local standard. A technology company was ruled to pay high medical expenses and late fees for failing to pay social security.

2. illegal employment punishment
according to the exit and entry administration law, illegal employment of foreigners will face a fine of 10,000 yuan per person illegally employed, with a total amount not exceeding 100,000 yuan. A catering enterprise was found to be illegally employed for hiring foreign waiters and was eventually fined 100000 yuan.

3. Contract Term Limit
The maximum term of the labor contract shall not exceed 5 years. A 10-year contract between a company and a foreign executive was deemed invalid and required a renegotiation period.

6. typical cases and practical suggestions

Case 1: an efficient recruitment process for a multinational enterprise

• step 1: register qualifications in the system 3 months in advance and prepare job demand reports simultaneously;
• step 2: candidates provide certified criminal records and academic certificates to shorten the audit cycle;
• Step 3: Assist in temporary residence registration immediately after entry to avoid the risk of overdue.

case 2: a start-up compliance lessons

• problem : failure to verify the candidate's work experience, resulting in failure to identify class B talents;
• rectification : supplement the recommendation letter from industry experts and the certificate of project results, and resubmit the application.

Practical suggestions :

• Establish a foreign employee compliance management account and regularly check the validity of certificates;
• Cooperate with professional organizations to ensure the authenticity and integrity of materials;
• Carry out cross-cultural training to reduce communication and legal risks.

Enterprises should take compliance as the bottom line in recruiting foreign employees, and build an efficient and stable international talent team through systematic process management and risk prevention and control. It is recommended that enterprises refer to the official guidelines in the operation process to ensure that every step is in accordance with the law and lay a solid foundation for the globalization of business.