What are the core conditions for enterprises to recruit foreign employees?

What are the core requirements for companies to recruit foreign employees?

With the advance of globalization, more and more Chinese enterprises begin to introduce foreign employees to improve the level of team diversity and internationalization. However, the recruitment of foreign employees requires strict compliance with Chinese laws and regulations, involving the qualifications of employers, conditions for foreign employees, visas and work permits. The following provides systematic guidance for enterprises from policy requirements to landing management.

Basic conditions to be met by 1. employers
If an enterprise plans to recruit foreign employees, it must meet the following requirements:

1. Legal establishment and operation : enterprises need to be registered in accordance with the law, there is no record of serious violations of law and dishonesty, and they need to have actual business premises, pay normal taxes and pay social insurance.
2. job special needs : the job to be recruited must be a suitable candidate for the temporary shortage in China and does not violate relevant national regulations. For example, certain technical or management positions may require the introduction of foreign employees due to a shortage of domestic talent.
3. Salary standard : The salary paid to foreign employees must not be lower than the local minimum wage standard and must match the position.
4. Pre-approval : If the position involves special industries (such as education and medical treatment), it needs to be pre-approved by the competent department of the industry.
5. individual employment is prohibited : individual economic organizations and individual citizens are not allowed to employ foreign employees, only legal organizations such as corporate legal persons and social organizations.

Qualifications for 2. foreign employees
Foreign employees must meet the following basic requirements:

1. Age and Health : at least 18 years of age, with a health certificate, no infectious diseases or mental disorders.
2. No criminal record : No criminal record certificate and notarized documents valid for more than 6 months are required.
3. professional skills : have the education background, work experience or vocational skills certificate (such as international general qualification certificate) matching with the position. For example, technical positions require a bachelor's degree or above and 2 years or above related work experience, but the conditions for innovative and entrepreneurial talents and outstanding foreign graduates can be appropriately relaxed.
4. legal documents : hold a valid passport or other international travel documents, and must have a definite employment unit in China.

3. foreign employee classification and special conditions
According to the type of talents, foreign employees can be divided into the following three categories and must meet the corresponding conditions:

1. foreign high-end talents (category a): conform to the "high-end and sharp shortage" and market demand orientation, such as scientists, science and technology leaders, international entrepreneurs, etc. Such talents are not limited by age, education and work experience.
2. foreign professionals (category B): in line with the guidance catalogue and job requirements for foreigners coming to China, they generally need to have a bachelor's degree or above and 2 years or above relevant working experience, and the age is not more than 60 years old. However, if the conditions for innovative and entrepreneurial talents and professional skilled talents are met, the restrictions may be appropriately relaxed.
3. Other foreign personnel (category C): Other foreign personnel who meet the needs of the domestic labor market and meet the requirements of national policies.

4. points and special ways

1. points assessment : China has a special foreign talent assessment system, points will be made according to the salary level, educational background and working years of foreigners. If the score is between 60 and 85 points, you can apply for a class B work visa, and if the score is above 85 points, you can apply for a class a work visa.
2. special channels : if foreign employees meet specific circumstances, such as foreign high-end talents who have entered the country with other visas or valid residence certificates, foreign spouses or children of Chinese citizens, etc., they can directly apply for a foreign work permit in China, omitting some regular procedures.

5. follow-up management and compliance risk

1. certificate consistency : the work unit of foreign employees must be the same as that indicated on the Work Permit for Foreigners, and they are not allowed to work part-time or across units.
2. information change filing : if the foreign employee changes the employer, address or passport information, the enterprise shall timely report to the relevant departments and go through the certificate change procedures.
3. illegal employment risk : if an enterprise employs foreign employees who have not obtained a work permit or exceed the scope of the permit, it will face penalties such as fines and confiscation of illegal income. if the circumstances are serious, it may be investigated for criminal responsibility.

6. to establish a long-term talent management mechanism

1. policy tracking : regularly pay attention to the update of China's entry-exit management and social security policies, timely adjust recruitment and management process.
2. Cultural Integration Support : Provide foreign employees with language training and cultural adaptation courses to help them quickly integrate into the team.
3. resignation procedure specification : when foreign employees resign, the enterprise needs to assist in handling the procedures such as cancellation of work permit and change of residence permit to avoid the risk of expired certificates.

In the context of globalization, the participation of foreign employees can bring value to enterprises in many aspects such as technology, management and culture. However, companies need to ensure the legality and efficiency of foreign employee recruitment and management by improving qualification review, process management and follow-up support on the premise of compliance. In the future, with the acceleration of international talent flow, enterprises need to embrace globalization with a more open attitude and build international teams with both professionalism and compliance.