What core conditions do enterprises need to meet to hire foreigners?

With the acceleration of globalization, hiring foreigners has become an important means to enhance international competitiveness. However, this process involves complex legal and administrative requirements, and companies need to fully understand and meet the relevant conditions to ensure legal compliance. The following four dimensions from the enterprise qualification, job requirements, applicant qualification and certificate processing, to provide a clear guidance framework for enterprises.

1. enterprise qualification requirements

Enterprises must meet the following basic conditions to hire foreigners:

1. lawfully established : enterprises must be registered in accordance with the law and have independent legal personality, and individual economic organizations or individuals may not directly employ foreigners.
2. business compliance : enterprises need to have no record of serious violations of law and dishonesty, operate normally and file tax returns on time to prove their financial health and compliance.
3. job particularity : the job to be hired must have the particularity of "the shortage of suitable candidates in China", such as high-end technology, management or professional positions in specific fields, and must not violate national regulations.
4. industry license : if the enterprise belongs to education, medical treatment, catering and other industries that need pre-approval, it needs to obtain the license issued by the relevant competent department in advance.

2. job requirements and salary standards

Enterprises should clarify job requirements and comply with salary regulations:

1. job matching : the majors or skills learned by foreigners should be highly related to their positions. for example, scientific and technological leaders need to correspond to research and development positions, and international entrepreneurs need to correspond to management positions.
2. salary bottom line : the salary paid by the enterprise to foreigners shall not be lower than the local minimum wage standard, and the basic salary amount shall be specified in the labor contract.
3. labor contract : enterprises need to sign a written labor contract with foreigners for a maximum period of five years, which can be renewed according to law after the expiration of the contract.

3. applicant qualification requirements

Foreigners must meet the following conditions to be employed:

1. Basic conditions : At least 18 years of age, in good health, without criminal record, and holding a valid passport or international travel document.
2. professional skills : professional skills and corresponding work experience required for the post are required. For example, high-end talents need to provide academic qualifications, work qualifications and professional qualification certificates.
3. emergency needs : the work should meet the needs of national economic and social development, such as scientific and technological innovation, cultural exchange and other fields urgently needed in China.

4. document processing and compliance management

Enterprises need to assist foreigners to complete the following document processing process:

1. Employment Permit : Enterprises are required to apply for the Alien Work Permit Notice or Alien Work Permit for foreigners and ensure that the position meets the "special needs" requirements.
2. work visa : foreigners must enter the country with a z-visa and apply for a "foreigner employment permit" and residence certificate within 30 days after entering the country before they can be legally employed.
3. Social Security Payment : Enterprises are required to pay social insurance for foreigners in accordance with the law, including pension, medical, work injury, unemployment and maternity insurance, but some countries have signed bilateral social security agreements with China, which can exempt them from the obligation to pay for certain types of insurance.
4. annual inspection of certificates : the employment certificate needs to be inspected annually, and the enterprise needs to go through the extension formalities within 30 days before the expiration of the term. if it fails to do so within the time limit, the certificate will become invalid.

Conclusion

Enterprises must strictly abide by laws and regulations when hiring foreigners, from qualification examination, job matching to certificate processing, and ensure compliance at every step. By meeting the above conditions, enterprises can not only legally introduce international talents, but also enhance the diversity and innovation ability of the team, and lay a solid foundation for the development of globalization. In the future, with the continuous optimization of the policy environment, enterprises need to continue to pay attention to the regulatory dynamics to ensure that the talent introduction strategy is consistent with the national strategy.