The whole-process compliance guide for Chinese enterprises to hire foreign employees: from qualification review to long-term management

With the acceleration of globalization, the introduction of foreign talents by Chinese enterprises has become an important means to enhance their international competitiveness. However, the recruitment of foreign employees involves multiple challenges such as legal compliance, job adaptation, and visa management. This paper provides a systematic solution for enterprises from enterprise qualification, job adaptation, foreign talent conditions to long-term management strategy.

1. enterprise qualification requirements: legal compliance is the basis

1. basic qualification examination
enterprises must meet the following conditions before they can employ foreign employees:

• established according to law : hold valid business license or registration certificate, and have no record of serious violation of law and breach of trust;
• job particularity : the recruitment position must meet the requirements of "domestic shortage of suitable candidates" and "special needs" and does not violate national regulations. For example, technical experts, international business executives and other positions are preferred, and ordinary labor positions (such as waiters and general workers) are not allowed to employ foreigners in principle.
• salary standard : the salary paid to foreign employees shall not be lower than the local minimum wage standard;
• pre-approval : if the industry to which the enterprise belongs involves pre-approval (such as education, medical care, finance, etc.), it must first obtain the approval of the competent department of the industry. For example, the recruitment of foreign teachers in international schools requires a school license and documents filed by the education department.

2. Qualification application materials
Enterprises should submit the following materials to the local labor department:

• Unit registration information form (official seal is required);
• original and photocopy of business license and organization code certificate;
• scanned ID card of legal person and handling person;
• power of attorney (stamped with official seal);
• if it belongs to a national key project or a high-tech enterprise, it is necessary to submit a project certificate or a high-tech enterprise certificate issued by the competent department of the provincial and ministerial government.

2. position suitability assessment: precisely matching talent needs

1. classification standard for foreign talents
according to national regulations, foreign talents are divided into three categories:

• category a (high-end talents): such as scientists and international entrepreneurs, regardless of age and educational background, priority approval is given;
• category B (professional talents): bachelor's degree and at least 2 years of relevant working experience are required, and the age is not more than 60 years old;
• category c (other personnel): meet the needs of the domestic labor market, such as internship, seasonal labor, etc.
  Enterprises need to select corresponding categories according to job requirements. For example, a science and technology enterprise recruiting German engineers to optimize the production line needs to submit materials according to Class B standards.

2. Core competency assessment
In addition to professional qualifications, focus on:

• cross-cultural communication skills : evaluate candidates' ability to deal with cultural conflicts through behavioral interview method;
• language ability : determine the level of English or other minor languages according to business needs;
• remote collaboration experience : give priority to candidates with multinational team work experience to reduce management costs.

Requirements for 3. foreign talents: education, experience and no crime are indispensable

1. Basic threshold
Foreign employees must meet the following conditions:

• At least 18 years old, in good health, with no criminal record;
• hold a valid passport or other international travel documents that can replace the passport;
• have the necessary professional skills or appropriate degrees to carry out their work;
• There are identified legal employers in the territory.

2. Exceptional Conditions Relaxed

• High-end Talent (Class A): scientists and leading talents in science and technology who meet the requirements of "high-tech and high-tech" and market demand are not restricted by age, educational background and work experience.
• Professionals (Class B): For innovative and entrepreneurial talents and outstanding foreign graduates who really need it, the restrictions on age, educational background or work experience can be appropriately relaxed.

4. visa and work permit processing: process and bill of materials

1. Application for Employment Permit
Enterprises need to apply for Foreigner Work Permit Notice for foreign employees to be employed. The process is as follows:

• Submit materials : including "Application Form for Employment of Foreigners", resume of personnel to be employed, letter of intent, qualification certificate, health certificate, etc.;
• approval level :
• central-level enterprises or enterprises without industry competent departments directly apply to provincial labor administrative departments;
• Foreign-invested enterprises shall apply directly on the basis of contracts, articles of association, business licenses and other documents;
• Other enterprises shall apply to the labor administrative department after approval by the competent department of the industry.

2. Visa and Residence Certificate Processing
Foreign employees are required to enter the country with an occupational visa and apply for the following documents after entering the country:

• "foreigner's work permit" : consistent with the employment permit notice number, indicating the employer and post;
• residence certificate : apply for a 1-5 year validity period according to the work period, and provide accommodation registration certificate.
  Note : Enterprises are not allowed to issue licenses directly to the personnel to be employed, and must issue notification visa letters through authorized units.

5. labor contract management: avoiding legal risks

1. The design of contract terms
The labor contract should include the following contents:

• Work content and location : specify the job name, responsibilities and work place to avoid vague expression;
• salary structure : indicate the currency type and payment method of salary, bonus and welfare to avoid exchange rate risk;
• termination clause : set a reasonable probation period (up to 6 months), notice period and liquidated damages standard.
  An enterprise did not agree on a non-competition clause in the contract, resulting in a significant loss of core foreign employees joining competitors after leaving their jobs.

2. Compliance review

• prohibition clause : illegal contents such as "unreasonable overtime must be obeyed" and "social insurance waiver" shall not be agreed;
• bilingual version : the contract must be provided in both Chinese and English to ensure that both parties understand the same;
• filing requirements : after the labor contract is signed, it must be filed with the labor department, and some cities require it to be uploaded to the "foreigners' work management service system" simultaneously ".

6. cross-cultural management and long-term retention strategy

1. Cultural Integration Support

• Induction Training : Provide courses on Chinese culture, corporate system and cross-cultural communication, such as "Chinese workplace etiquette" workshops for foreign employees in a company;
• Mentor System : arrange local employees as cultural mentors to help solve the adaptation problems in life and work;
• regular feedback : collect foreign employees' suggestions on management methods through anonymous questionnaires to optimize the process.

2. Differentiated benefit design

• health insurance : provide international commercial insurance or supplementary medical plans to cover overseas medical needs;
• family support : to assist spouses in employment and children's schooling, for example, an international school provides tuition remission for children of foreign teachers;
• flexible welfare package : to allow employees to choose housing subsidies, family leave or training funds according to their needs.
  by providing a "family care plan", a technology enterprise has increased the retention rate of foreign employees by 40%, which is far higher than the industry average.

7. risk prevention and control: guidelines for dealing with common problems

1. Illegal employment risk

• three situations : not obtaining a work permit, working beyond the scope of the permit (for example, the visa is "technical post" but engaged in sales), overseas students working overtime/beyond the scope of work;
• corporate responsibility : illegal employment will face a fine of up to 100000 yuan, and foreign employees may be detained or repatriated.
  an enterprise continued to work in the name of the company for failing to cancel the work permit for the former foreign employees in time, and was finally punished by the labor department.

2. Certificate annual inspection and change

• annual inspection requirements ;
• change procedures : when foreign employees leave their jobs or change their positions, they need to cancel or change their certificates within 10 days.

Conclusion

The recruitment of foreigners is an important part of the global layout of enterprises, but it needs to be based on compliance, cultural integration as the core, and long-term value-oriented. Through systematic process design and refined operation management, enterprises can not only attract international talents, but also transform them into lasting driving force for business growth. From qualification review to risk prevention and control, every step needs to be carefully planned in order to take the initiative in cross-border talent introduction.