Analysis of the Whole Process of Documents Required by Chinese Enterprises to Recruit Foreigners: From Qualification Examination to Compliance Employment

The whole process of documents required by Chinese enterprises to recruit foreigners: from qualification examination to compliance employment

With the acceleration of globalization, the demand of Chinese enterprises for foreign talents continues to grow. However, the recruitment of foreigners is not simply to sign a contract. It is necessary to strictly follow Chinese laws and regulations and complete the whole process from qualification examination to certificate processing. This paper will systematically sort out the core documents and operating points that enterprises and foreign employees need to handle, so as to help enterprises avoid legal risks and achieve compliance.

1. enterprise qualification preparation: "admission ticket" for recruiting foreign talents

An enterprise must meet the following basic conditions to start the recruitment process:

1. legal business qualification
   enterprises must hold a valid business license and have no record of major violations of laws and trustworthiness. Some free trade zones have relaxed policies on the principle of "urgent shortage" of posts, but it is still necessary to ensure that posts meet the criteria for determining the shortage of domestic talent supply.
2. salary standard compliance
   the salary paid by the enterprise to foreign employees shall not be lower than the average level of the local industry, and the salary structure (such as basic salary, performance bonus, social security payment ratio, etc.) shall be clearly defined to avoid subsequent labor disputes.
3. pre-approval and filing
   enterprises are required to submit the "overseas employment demand declaration form" to the local human resources and social security department to explain the necessity of recruitment and the degree of job matching. Some industries (e. g. education, healthcare) require additional approval from industry authorities.

2. foreign employee admission conditions: hard threshold and soft requirements

Foreign employees must meet the following conditions at the same time to be employed:

1. basic qualification
• at least 18 years old and in good health (medical certificate approved by Chinese inspection and quarantine authorities is required);
• holds a valid passport or international travel document, and the validity of the passport must cover the work permit period.

1. professional ability and experience
• have the professional skills required for the position and more than 2 years of relevant working experience (fresh graduates need to pass special approval);
• provide the highest academic certificate and proof of working qualifications, which must be certified by the overseas study service center of the Ministry of education of China.

1. No criminal record and compliance background
• Submit a certificate of no criminal record issued by your home country or place of permanent residence, and the certificate must be certified by Chinese embassies and consulates abroad;
• Ensure that it is not included in China's prohibited entry list and has no history of illegal employment.

3. the core document processing process: four steps to achieve compliance

Step 1: enterprises applying for the "Foreigner Work Permit Notice"

Enterprises are required to register an account in the "Foreigners Work in China Management Service System" and submit the following materials online:

• employment contract or employment certificate (including key terms such as post, salary, term, etc.);
• foreign employee passport, education certificate, no criminal record certificate, medical examination certificate;
• enterprise business license, social security payment record (required by some regions).
  After the approval, the company will print the Foreigner Work Permit Notice online as the basis for foreign employees to apply for visas.

Step 2: Foreign Employees Apply for Work Visa (Z Visa) **

Foreign employees are required to apply for Z visa from Chinese embassies and consulates abroad with the Notice of Work Permit for Foreigners and other materials (such as visa application forms and photos). The validity of the visa is usually the same as the duration of the work permit, and the next procedure must be completed within 15 days after entry.

Step 3: Enterprises apply for Foreigner Work Permit **

After foreign employees enter the country, enterprises are required to log in to the system and submit the following materials to apply for entity certificates within 15 days:

• photocopies of passport information page and visa page of foreign employees;
• recent bareheaded photos;
• medical examination report (health undertaking accepted in some areas).
  After the approval is passed, the enterprise shall go to the local foreigner work management department to obtain the "Foreigner Work Permit", which is the core certificate for the legal work of foreign employees.

Step 4: Processing Work Residence Certificate **

Within 30 days after entering the country, apply for a residence permit at the exit and entry administration of the public security organ with the Work Permit for Foreigners. The duration of the stay is usually consistent with the work permit and does not exceed a maximum of 5 years. Enterprises need to regularly check the validity of documents to avoid overstaying.

Key points of 4. employment management: dynamic maintenance and risk prevention and control

1. labor contract compliance
• the contract period shall not exceed the validity period of the work permit, and it is necessary to clarify the rights and obligations of both parties (such as working hours, vacation, termination conditions);
• avoid using vague expressions such as "temporary worker" and "part-time job" to ensure that the contract type matches the visa type.

1. Social Security Payment and Taxation
• According to the Social Security Law, enterprises are required to pay social security for foreign employees (citizens of some agreement countries are exempted);
• personal income tax shall be withheld and remitted for salary payment and tax payment certificate shall be provided.

1. annual inspection and change of certificates
• annual inspection is required, and the enterprise must submit the materials 30 days in advance.
• if foreign employees change their positions, enterprises or extend their contracts, A new work permit and residence permit is required.

1. Resignation Management Procedure
• After the foreign employee leaves, the enterprise shall report to the human resources and social security department and the public security organ within 10 days, and cancel his work permit and residence certificate;
• Keep the handover documents for at least 2 years for labor inspection or tax audit.

5. typical risk cases and coping strategies

Case 1: employment without a work permit
a technology company did not apply for a work permit for foreign engineers, and only allowed them to participate in project development with a business visa. After being investigated and dealt with by the labor supervision department, the enterprise was fined 100000 yuan and the foreign employees were given a deadline to leave the country.
coping strategies : strictly follow the principle of "permission before employment" to avoid fluke.

Case 2: Certificate expired but not renewed
A manufacturing company failed to renew the residence certificate for foreign executives in time, resulting in their overstay. Enterprises were fined 50000 yuan and senior executives were blacklisted and banned from entering the country.
coping strategies : establish an early warning mechanism for the validity period of the certificate and start the renewal process 60 days in advance.

Conclusion: Compliance to attract talents and build a global talent ecology

Recruiting foreigners is an important part of Chinese enterprises' internationalization strategy, but compliance is the prerequisite. Enterprises need to control risks in the whole process from qualification examination, certificate processing to employment management, and help foreign employees integrate into the team by providing cross-cultural training, career development planning and other support. Only in this way can foreign talents be transformed into the core driving force of enterprise innovation and occupy the first opportunity in the global competition.