Analysis of compliance path and qualification requirements for enterprises to employ foreign employees

With the acceleration of globalization, more and more enterprises begin to pay attention to the introduction of international talents. However, hiring foreign employees is not a simple recruitment process, but a compliance operation that requires strict compliance with laws and regulations. This paper will systematically sort out the qualifications, processes and precautions for enterprises to employ foreign employees to help enterprises avoid legal risks.

1. Enterprise Qualification: Dual Consideration of Legality and Job Specificity

If an enterprise plans to employ foreign employees, it must meet the following core conditions:

1. legal establishment and credit requirements : enterprises must be registered in accordance with the law, and there is no serious record of illegal breach of trust.
2. job particularity and talent scarcity : the job to be hired must meet the standard of "domestic shortage of suitable candidates", such as high-tech fields, multinational business management, etc.
3. Salary standard : The salary paid to foreign employees must not be lower than the local minimum wage standard and must match the job value.
4. Pre-approval : If the position involves special industries (such as education and medical treatment), it needs to be approved by the competent department of the industry.

Qualification requirements for 2. foreign employees: equal emphasis on professional skills and legitimacy of identity

The employed foreign employees must meet the following conditions:

1. Basic conditions : At least 18 years old, in good health, without criminal record, holding a valid passport or international travel document.
2. professional qualification : professional skills, education or work experience that match the position. For example, high-end technical positions may require a master's degree or above and more than 5 years of relevant experience.
3. work permit and residence certificate : foreign employees need to hold "foreigner work permit" and work residence certificate, and the certificate information should be consistent with the actual employer.

3. employment process: full-cycle management from license application to certificate processing

1. application for work permit notice : enterprises need to submit applications online through the "management service system for foreigners coming to China, including enterprise qualification documents, resumes of employees to be hired, job descriptions and other materials.
2. visa application : foreign employees apply for Z visa (work visa) from Chinese embassies and consulates abroad on the basis of the Notice of Work Permit for Foreigners.
3. Work Permit Processing : Within 15 days after entering the country, the enterprise shall apply for the Foreigner Work Permit for the foreign employees.
4. residence permit processing : within 30 days after entering the country, foreign employees need to apply for work residence permit at the public security organ, and the validity period is usually the same as the work permit.

4. compliance risks and precautions

1. certificate validity management : enterprises need to regularly check the validity period of foreign employees' work permits and residence certificates to avoid the risk of illegal employment due to expired certificates.
2. labor contract specification : the labor contract signed by foreign employees and enterprises should specify the post, salary, duration and other contents, and the maximum duration should not exceed 5 years.
3. social insurance payment : enterprises are required to pay five insurances and one fund for foreign employees according to law, but some countries have signed social insurance mutual exemption agreements with China, which need to be implemented according to the terms of the agreements.
4. post change and resignation management : if foreign employees change their posts or resign, the enterprise needs to go through the formalities of work permit change or cancellation in time, and assist them in the formalities of residence certificate change or exit.

5. special circumstances

1. permission exemption : foreign employees who meet the following conditions can apply for employment permits directly without work permits:
• Foreign experts carrying out Sino-foreign cooperation and exchange programs;
• Chief representatives or representatives of permanent representative offices of foreign enterprises in China;
• personnel holding "Foreigner Permanent Residence Permit.

1. Management of overseas workers : If foreign employees provide services for Chinese enterprises abroad, both parties can negotiate to determine the applicable rules of law, but pay attention to tax compliance issues.

Conclusion

Enterprises should hire foreign employees on the premise of compliance, from qualification review, process management to follow-up services, all laws and regulations need to be strictly followed. Through the systematic talent introduction mechanism, enterprises can not only avoid legal risks, but also give full play to the professional advantages of foreign talents to promote the development of business globalization.