Full analysis of compliance management for enterprises to employ foreign personnel

With the advancement of globalization, the introduction of foreign talents by enterprises has become an important means to enhance their international competitiveness. However, the employment of foreign personnel involves complex legal procedures and management requirements, and enterprises need to establish a sound compliance management system to avoid legal risks and protect the rights and interests of both parties. This paper will systematically sort out the core management rules for enterprises to employ foreign personnel from the aspects of qualification audit, process management and compliance points.

1. qualification review and job matching

Foreign personnel employed by enterprises must meet dual qualification requirements:

1. enterprise qualification : it must be a legal institution registered according to law, have independent legal personality, and have no record of serious violation of law and breach of trust. Some special industries (such as education and medical care) need to be pre-approved by the industry authorities.
2. job conditions : the job to be hired must meet the standard of "suitable candidates are temporarily lacking in China", such as high-tech research and development, multinational business management, etc. Enterprises may not employ foreign personnel to engage in commercial theatrical performances, unless they meet the conditions for specific exemptions.
3. Salary standard : The salary of foreign personnel shall not be lower than the local minimum wage standard, and shall match the job value. Some high-end positions may require salary market research reports.

2. employment process and certificate management

1. employment permit application : enterprises need to submit applications through the "management service system for foreigners coming to China, including enterprise qualification documents, resumes of personnel to be employed, job descriptions, etc. Foreign-invested enterprises may directly apply for licenses on the basis of contracts, articles of association and other documents.
2. visa and certificate processing : foreigners apply for z visa on the basis of the notice of foreigner work permit, apply for foreigner work permit within 15 days after entering the country, and apply for work residence certificate within 30 days. The validity period of the certificate is usually the same as the term of the labor contract.
3. labor contract signing : the contract shall specify the post, salary, duration and other contents, and the maximum duration shall not exceed 5 years. If the contract expires and needs to be renewed, the enterprise shall apply for an extension of the employment permit 30 days in advance.

Key Points of 3. Compliance Management

1. Certificate Validity Verification : Enterprises need to regularly check the validity period of work permits and residence certificates of foreign personnel to avoid the risk of illegal employment due to expired certificates.
2. job and unit consistency : the work unit of foreign personnel must be consistent with the unit indicated on the employment certificate, and no part-time job is allowed across units. If you need to change the employer or region, you need to go through the employment permit procedures again.
3. social insurance payment : enterprises are required to pay five insurances and one fund for foreigners 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. resignation procedures specification : after the termination of the labor contract, the enterprise shall promptly report to the labor and public security departments, return the employment permit and residence certificate, and assist in the exit formalities.

4. special circumstances

1. exemption from permission : foreigners 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 personnel provide services to Chinese enterprises abroad, both parties can negotiate to determine the applicable rules of law, but pay attention to tax compliance issues.
2. Dispute Resolution Mechanism : Labor disputes between enterprises and foreigners shall be handled in accordance with the the People's Republic of China Labor Law and the the People's Republic of China Labor Dispute Mediation and Arbitration Law.

5. enterprise management system construction

1. induction management : release recruitment information through formal channels, and complete resume screening, interview, background investigation and other links. After employment, a labor contract is signed to clarify the rights and obligations of both parties.
2. Training and Development : Develop an annual training plan covering business skills, language skills, and cultural integration. Establish a career path to provide opportunities for advancement.
3. performance evaluation : formulate scientific and reasonable evaluation indicators and regularly evaluate the work performance of foreign personnel. The appraisal results are used as the basis for salary adjustment and renewal.
4. cultural integration : strengthen cultural exchanges between Chinese and foreign employees, organize cultural activities, respect the cultural background of foreign employees, and create an inclusive and diverse corporate atmosphere.

Conclusion

Enterprises should employ foreign personnel on the premise of compliance, from qualification review, process management to follow-up services, all laws and regulations need to be strictly followed. By establishing a sound compliance management system, enterprises can not only avoid legal risks, but also give full play to the professional advantages of foreign talents to promote the global development of business. At the same time, enterprises should pay attention to the career development needs of foreign personnel, create an inclusive and diverse cultural environment, and realize the common growth of talents and enterprises.