How can I legally employ a foreigner?
After the epidemic, more and more foreigners are coming to China for employment, but the work visa policy is getting stricter and stricter. Some enterprises do not understand the specific visa policy or know that foreigners do not meet the requirements, but still hire them to work, creating illegal employment. The consequences are very serious. Once investigated, the employer, the foreign teacher and the introducer will be severely punished. After summarising all these, let's take a look at the question that everyone is most concerned about. How to employ foreigners legally?
What are the specific penalties for illegal employment?
Article 80 of the Law of the People's Republic of China on the Administration of Departure and Entry: A foreigner who is illegally employed shall be fined from RMB 5,000 to RMB 20,000; if the circumstances are serious, he shall be detained for not less than five days and not more than 15 days, and shall also be fined not less than RMB 5,000 and not more than RMB 20,000.
Anyone who illegally introduces a foreigner for employment shall be fined 5,000 yuan for each person illegally introduced, with the total amount not exceeding 50,000 yuan; anyone who illegally introduces a foreigner for employment shall be fined 5,000 yuan for each person illegally introduced, with the total amount not exceeding 100,000 yuan; and if there is any unlawful proceeds, the unlawful proceeds shall be confiscated.
Where a foreigner is illegally employed, for each person illegally employed, a fine of 10,000 yuan shall be imposed, with the total amount not exceeding 100,000 yuan; if there is any illegal income, the illegal income shall be confiscated.
Article 81 Where an alien engages in activities that are inconsistent with the reasons for his stay or residence, or violates the provisions of Chinese laws or regulations, and it is inappropriate for him to continue to stay or reside in China, he may be ordered to leave the country within a specified period of time.
Where an alien violates the provisions of this Law and the circumstances are serious and do not yet constitute a crime, the Ministry of Public Security may order him or her to be expelled from the country. The decision of the Ministry of Public Security to impose a penalty shall be final.
An alien who has been expelled from the territory may not enter the territory for a period of 10 years from the date of expulsion.
How to take up employment legally?
According to article 41 of the Law of the People's Republic of China on the Administration of Departure and Re-entry, foreigners who take up employment within the territory of China shall, in accordance with the relevant provisions, obtain a work permit and a residence permit for work. No unit or individual may employ a foreigner who has not obtained a work permit or residence permit for work.
What are the conditions for legal employment?
According to the Criteria for Classification of Foreigners' Employment in China (for Trial Implementation), foreigners' employment in China is classified into three categories, namely A, B and C: A, B and C, and the classification and management are implemented according to the criteria.
Foreign high-end talents (Category A) refer to scientists, scientific and technological leaders, international entrepreneurs and special talents who are adapted to the needs of China's economic and social development, in line with the requirements of "high quality" and the market demand, and in line with the criteria for the points of high-end talents. High-end talents are not subject to age and working experience restrictions.
Judging Criteria
Score more than 85 points
Meet internationally recognised professional achievement recognition standards
Innovative and entrepreneurial talents
The monthly salary is more than 6 times of the average social wage of the previous year in the local community.
Foreign professionals (Category B) shall meet the requirements of the work catalogue and positions for foreigners coming to China, and meet the standards of points and credits for foreign professionals, aged below 60, with undergraduate education or above and 2 or more years of relevant working experience; age, education or working experience can be appropriately relaxed when necessary.
Judging Criteria
60 points or above
Bachelor degree or above and 2 years or above relevant working experience
Holding international general vocational skills qualification certificates
Foreign language teaching staff
The monthly salary is four times the average social wage of the local community in the previous year; 5.
Ordinary foreigners (Category C) are those who meet the needs of the domestic labour market and are engaged in temporary, seasonal, unskilled or service work according to national policies.
Judgement Criteria
Those who have obtained employment permits under the old policy but do not meet the criteria of A and B category personnel after extension
Graduated from a famous foreign university in the last two years
Graduated from domestic universities in the past two years
The State Administration of Foreign Experts Affairs makes points as one of the criteria for judging A, B and C talents. Each point is calculated based on factors such as salary, education, working years, age, Chinese language level and working unit. You can calculate the points by going to the following website: http://www.st-guanjia.com/aep/ceping-en/index.html