Analysis of the core points of the agreement on hiring foreign employees

With the acceleration of globalization, it has become the norm for enterprises to hire foreign employees. In order to ensure the rights and interests of both parties and standardize the cooperation process, it is very important to sign a legal and perfect employment agreement. This article will focus on the core points of the agreement on the employment of foreign employees to help companies and foreign employees better understand the content of the agreement and promote the smooth progress of cooperation.

Basic information of the agreement

The agreement needs to specify the subject information of both parties, including enterprise name, address, legal representative, and the name, nationality, passport number, address, etc. of the foreign employee. At the same time, it is necessary to indicate the date of signing and effective date of the agreement to ensure the legal effect of the agreement.

Job Position and Responsibilities

The agreement should elaborate on the job position, specific responsibilities and job content of the foreign employee. This helps to clarify the working boundaries of both parties and avoid subsequent disputes arising from unclear responsibilities. According to the actual needs, enterprises can set out job descriptions or work objectives in the agreement as work guidelines for foreign employees.

Employment Term and Trial Period

The agreement must specify the employment term, including the start date and end date. At the same time, the terms of the probation period can be agreed to clarify the duration of the probation period, salary and assessment standards. The probation period is an important stage for enterprises and foreign employees to understand each other and run-in, and a reasonable probation period is helpful to reduce the risk of employment.

Working hours and leave system

The agreement shall stipulate working hours, rest and leave system for foreign employees. Enterprises are required to comply with national laws and regulations to ensure that foreign employees are entitled to statutory holidays, annual leave, sick leave and other leave rights. At the same time, the payment standard of overtime wages can be agreed to protect the legitimate rights and interests of foreign employees.

Remuneration and Benefits

The agreement should specify the remuneration of foreign employees, including basic salary, performance bonus, allowance, etc. Enterprises shall pay wages in full and on time and shall not be in arrears. In addition, the agreement can also stipulate welfare benefits, such as social insurance, housing provident fund, commercial insurance, etc., to enhance the sense of belonging and satisfaction of foreign employees.

Confidentiality Obligations and Non-Competition Restrictions

Since foreign employees may have access to the core secrets of the enterprise, the agreement should specify the terms of confidentiality obligations. Foreign employees shall promise not to disclose sensitive information such as business secrets and technical secrets of the enterprise during the employment period and within a certain period of time after leaving the company. At the same time, non-competition clauses can be agreed to restrict foreign employees from engaging in the same or similar work in units that compete with the enterprise within a certain period of time after leaving the company.

Agreement change, termination, and termination

The agreement shall specify the conditions and procedures for change, termination, and termination. Enterprises and foreign employees in the case of consensus, can change the content of the agreement. If one party violates the agreement, the other party has the right to terminate the agreement. When the agreement is terminated, both parties shall go through the separation procedures, settle the wages, benefits and other expenses, and return the property of the enterprise.

Liability for Breach of Contract and Dispute Resolution

The agreement shall specify the liability clause for breach of contract and stipulate the legal liability that a party shall bear when violating the agreement. At the same time, dispute resolution methods may be agreed upon, such as consultation, mediation, arbitration or litigation. This helps both parties to resolve disputes quickly and effectively.

Other agreed items

The agreement can also agree on other items as required by both parties. For example, the responsibility for handling visas and residence permits for foreign employees, the working conditions and living facilities provided by the company, and other matters that both parties believe need to be clarified. These agreements will help improve the content of the agreement and ensure that the rights and interests of both parties are fully protected.