Employment of Foreigners by Enterprises: Key Points and Operational Guidelines for Legal Compliance

Enterprise Employment of Foreigners: Key Points and Operational Guidelines for Legal Compliance

Driven by the wave of globalization, with the growing demand for international talents, hiring foreigners has become an important way to enhance the competitiveness of enterprises. However, the employment of foreigners by enterprises is not a simple recruitment process, but involves a series of laws and regulations and administrative approval procedures. This article will elaborate on the legal compliance points and specific operational procedures that enterprises need to pay attention to when hiring foreigners.

1. enterprise qualifications and conditions for foreigners

If an enterprise wants to employ foreigners, first of all, you need to ensure that you have legal qualifications. According to the relevant provisions, enterprises established in accordance with the law and without serious records of illegal breach of trust may employ foreigners. At the same time, the positions employed by enterprises should be those with special needs, suitable candidates are temporarily lacking in China and do not violate national regulations.

Foreigners must meet the following conditions: at least 18 years of age and in good health; Possess the necessary professional skills and corresponding work experience for the job; No criminal record; Hold a valid passport or other international travel document that can replace a passport. In addition, foreigners need to obtain work permits and residence permits through legal channels before they can legally work in China.

2. a legal and compliant employment process

1. Notice of Application for Work Permit
   Enterprises are required to register their accounts in the Foreign Work Management Service System, submit your permit application online. The application materials include the application form for foreigners' work permit in China, work qualification certificate, highest degree certificate or relevant approval documents, professional qualification certificate, no criminal record certificate, medical examination certificate, employment contract or employment certificate, etc. After approval, enterprises can print the Notice of Work Permit for Foreigners online.
2. apply for work visa
   foreigners apply for z visa at Chinese embassies and consulates abroad on the basis of the notice of work permit for foreigners and other required materials. Z visa is the main type of visa for foreigners to work in China. Foreigners holding this visa can work in China within a specified period of time.
3. apply for a work permit
   within 15 days after a foreigner enters the country with a valid visa, the enterprise needs to apply for a "foreigner work permit" online and go to the local foreigner work administration department to obtain the certificate. A work permit is a necessary proof of a foreigner's legal employment in China, and its period of validity is determined according to the foreigner's work contract and residence permit period.
4. apply for residence certificate
   within 30 days after entering the country with a valid visa, foreigners need to apply for work residence certificate at the exit and entry administration agency of the public security organ where the enterprise is located. The validity period of the residence permit can be determined according to the validity period of the work permit, which is an important certificate for foreigners to stay in China legally.

3. labor contract and salary management

When an enterprise signs a labor contract with a foreigner, comply with the relevant provisions of Chinese laws and regulations. The term of a labor contract shall not exceed five years, and no labor contract with no fixed term shall be signed. The labor contract shall specify the rights and obligations of both parties, including the work content, place of work, working hours, remuneration and so on.

In terms of salary management, the wages paid by enterprises to foreigners must not be lower than the local minimum wage. At the same time, enterprises are required to participate in social insurance for foreigners in accordance with the law, including basic old-age insurance for employees, basic medical insurance for employees, industrial injury insurance, unemployment insurance and maternity insurance. For countries that have signed bilateral agreements on social insurance with China, if their employees are employed in China, the types of insurance can be determined according to the contents of the agreement.

4. Precautions and Risk Prevention

1. Certificate Management
   Enterprises need to strengthen the management of work permits and residence certificates for foreigners, make sure the documents are within the validity period. If the certificate expires or is lost, it is necessary to go through the extension or replacement procedures in time, so as not to affect the legal employment and residence of foreigners.
2. post change and turnover management
   if foreigners need to change their jobs or leave their jobs during their working in China, the enterprise shall handle relevant procedures in time. If you change your job, you need to go through the formalities of changing your work permit and residence permit again; if you leave your job, you need to report to the labor and public security departments in a timely manner, and return the foreigners' employment and residence permits.
3. Legal risk prevention
   Enterprises should strictly abide by the relevant provisions of Chinese laws and regulations to avoid illegal employment and illegal residence. If punished for illegal acts, it will not only affect the reputation and credibility of the enterprise, but also may face legal liability and economic losses.

5. humanistic care and cross-cultural integration

In the process of hiring foreigners, enterprises should also pay attention to the living and working needs of foreigners and provide necessary humanistic care and support. For example, provide foreigners with pick-up services, accommodation arrangements, language support, etc. to help them better adapt to the living and working environment in China. At the same time, enterprises also need to strengthen cross-cultural integration and team building, promote exchanges and cooperation between Chinese and foreign employees, and enhance the overall cohesion and competitiveness of enterprises.