What are the conditions for private companies to recruit foreigners? A comprehensive analysis of compliance paths
What are the requirements for private companies to recruit foreigners? Comprehensive analysis of compliance path
under the wave of globalization, many private enterprises hope to enhance their competitiveness by introducing foreign talents. however, recruiting foreigners is not a simple "offer", but a compliance operation involving laws, qualifications, processes and other links. This article will provide a landing guide for enterprises from the four dimensions of enterprise qualification, job requirements, foreign employee conditions and handling process, combined with real cases and policy requirements.
1. enterprise qualification: legal operation is a prerequisite
1, no record of illegal breach of trust
enterprises need to hold a legal business license, and no record of serious illegal breach of trust (such as wage arrears, tax evasion, etc.). For example, a technology company was included in the dishonest list for failing to pay social security on time, resulting in the rejection of the work permit application of foreign employees, and finally missed the opportunity of cooperation in key projects.
2. The position must conform to the principle of "urgent need and shortage"
The enterprise must prove that there is a shortage of suitable candidates for the position and does not violate national regulations. For example, if a manufacturing company plans to recruit foreign engineers, it needs to provide an industry report to prove the talent gap in the field and explain the unique skills of the foreign candidate (e. g. a patented technology).
3. The salary shall not be lower than the local minimum standard
The salary of foreign employees shall not be lower than the local minimum standard and shall match the job value. An educational institution was ordered by the labor department to rectify and make up the difference for paying foreign teachers a salary lower than the industry average.
2. job requirements: clarify qualifications and industry restrictions
1. Pre-approval is required for special positions
Positions involving education, medical care, culture and other fields must be approved by the competent department of the industry. For example, the recruitment of foreign teachers requires a School Permit; the recruitment of foreign doctors requires the approval of the health department; and arts positions may not involve commercial performances (unless specific regulations are met).
2. Employment of foreigners is prohibited
According to regulations, enterprises are not allowed to employ foreigners to engage in commercial theatrical performances (except for specific personnel), simple manual labor and other positions. A catering company was found to be an illegal worker and faced fines and repatriation for hiring foreign employees to wash dishes in the kitchen.
Conditions for 3. foreign employees: double review of qualification and background
1. Basic access conditions
- At least 18 years old and in good health (medical certificate within 6 months is required);
- No criminal record (certified by embassy or consulate);
- Hold a valid passport or international travel document;
- There is a definite employer in the territory, and the position matches the professional skills.
2. Classification Management Standards
According to the Classification Standards for Foreigners Working in China, foreign employees are divided into three categories:
- category a (high-end talents): such as nobel prize winners, senior executives of multinational enterprises, etc., are not subject to age and educational background restrictions;
- category B (professional talents): bachelor's degree and more than 2 years of relevant working experience are required (excellent graduates can be relaxed);
- category C (other personnel): to meet the needs of the domestic labor market, such as internship, seasonal labor, etc.
case : an internet company recruited a foreign algorithm engineer. because the candidate holds a doctor's degree and publishes papers in top journals, he is recognized as a class a talent and enjoys a fast approval channel.
4. process: full-chain compliance from application to employment
1. when applying for an employment permit
, the enterprise shall submit the application form for employment needs of overseas personnel to the local social department, and attach the business license, job description, salary certificate and other materials. For example, a foreign company has shortened the approval cycle from 2 months to 3 weeks by preparing complete application documents in advance.
2. Notice of Work Permit Application for Foreign Employees
Candidates are required to provide proof of no criminal record, academic certificate (certification required), work experience certificate and other materials, and enterprises are required to apply for the Notice of Work Permit for Foreigners with these materials.
3. visa and entry
foreign employees apply for z-visa entry by notice, and complete medical examination, apply for "foreigner work permit" and residence certificate within 30 days. An enterprise did not apply for the extension of residence documents in time, resulting in the illegal detention of employees, was fined and affected the credit rating of the enterprise.
4. Signing a labor contract and employment management
The labor contract must specify salary, working hours, separation terms, etc., and the term must not exceed the validity period of the work permit. Enterprises are also required to pay social security for foreign employees (citizens of some agreement countries are exempt) and establish exclusive files (including photocopies of certificates and annual examination records).
5. risk prevention and control: avoid common legal pitfalls
1. the cost of illegal employment
if an enterprise employs foreigners who have not obtained a work permit, it will face a fine of 10000 yuan per person (the total amount does not exceed 100000 yuan). if the circumstances are serious, its business license will be revoked. Foreign employees may be detained and repatriated.
2. new regulations on social security payment
since the implementation of the regulations, foreign employees in Shanghai, Shenzhen and other places have been piloted to participate in compulsory insurance. enterprises need to distinguish the exemption of citizens of the agreement countries to avoid labor disputes caused by missed payment.
3. Resignation management
after foreign employees leave, the enterprise shall report to the public security immigration department within 10 days and supervise the cancellation of residence certificates. An enterprise was implicated in punishment because it did not cancel its documents in time, resulting in illegal employment of employees.
conclusion: compliance is the "pass" for international talents
recruiting foreign talents is not only a means for enterprises to enhance their competitiveness, but also a manifestation of fulfilling their social responsibilities. By strictly complying with qualification requirements, job specifications, handling procedures and risk prevention and control measures, enterprises can not only efficiently introduce international talents, but also avoid legal risks and achieve sustainable development. It is suggested that enterprises should set up special posts for foreign-related human resources, regularly participate in policy training, or introduce professional institutions to assist in handling, so as to ensure that every step is on the track of compliance.