What legal procedures are required for domestic enterprises to employ foreign personnel?

What legal procedures are required for domestic enterprises to employ foreigners?

As China opens up to the outside world, more and more domestic companies are hiring expatriates to supplement demand for technical, managerial or language jobs. However, the employment of foreigners must strictly abide by Chinese laws and regulations, involving employment permits, visa applications, residence documents and other links. The following are the core procedures and precautions for domestic enterprises to employ foreign personnel.

1. to apply for the Foreign Employment Permit

Employers are required to apply for a Foreign Employment Permit from the local labor administrative department or its authorized agency, which is the first condition for foreign employees to work legally in China. The following materials must be submitted when applying:

1. a copy of the business license, approval certificate, articles of association and other qualification documents;
2. the curriculum vitae, academic certificates, professional skills qualification certificates and no criminal record certificates of the foreign personnel to be employed;
3. letter of intent and job description, clarify the special needs of the position and the reasons for the temporary shortage of candidates in China;
4. health examination certificate (to be issued by a designated medical institution).
   After the approval is passed, the employer will obtain the "Foreigner Employment Permit". The certificate is usually valid for 6 months, and the follow-up procedures must be completed within the validity period.

2. Z Visa and Entry

Foreigners are required to apply for Z visa from Chinese embassies and consulates abroad with the Employment Permit for Foreigners and other necessary materials (such as passport, visa application form, etc.). The Z visa is a work visa and is a legal certificate for foreigners to enter China.

• special circumstances : if foreigners meet the conditions for exemption from employment permit (such as foreign experts implementing intergovernmental agreements), they can directly apply for Z visa with relevant certificates.
• visa validity period : the validity period of the Z visa is usually the same as the employment permit period, and the residence certificate must be processed in time after entering the country.

3. to apply for the Alien Employment Permit

within 15 days after entry, the employing unit shall assist it in applying to the labor administrative department for the Employment Permit for Foreigners. The following materials should be submitted when applying:

1. the original and photocopy of "foreigner employment permit";
2. photocopies of passport, z-visa and entry stamp page;
3. recent 2-inch bareheaded photo;
4. labor contract or employment agreement (work content, duration and salary should be specified).
   The Foreigner Employment Permit is a certificate for the legal employment of foreigners in China. It must be properly kept and changed in a timely manner when the employment unit changes.

4. to apply for residence permit

Within 30 days after the entry of foreign nationals, it is necessary to apply for a residence certificate to the exit and entry administration department of the public security organ. The following materials must be submitted when applying:

1. original and photocopy of passport, Z visa and Alien Employment Permit;
2. completed Application Form for Alien Visa Certificate;
3. Accommodation Registration Certificate (issued by the police station at the place of residence);
4. Health Certificate (required in some areas).
   The validity period of the residence permit is usually the same as that of the Alien Employment Permit, and the extension procedure must be completed before the expiration.

5. labor contract and social security payment

1. labor contract : the employer is required to sign labor contracts with foreign employees in accordance with Chinese laws, clarify the work content, duration, salary and treatment and the rights and obligations of both parties. The term of the labor contract shall not exceed 5 years and may be renewed upon expiration.
2. social security payment : employers are required to pay basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance for foreign employees, with the same payment base and proportion as local employees.

6. Precautions

1. Job Compliance : Foreigners can only engage in jobs with special needs and lack of candidates in China, and are not allowed to engage in restricted industries such as commercial theatrical performances.
2. material authenticity : all application materials must be true, accurate and complete, false materials will lead to refusal of visa or legal liability.
3. Policy update : The employment policy of foreign personnel may change with the adjustment of national laws and regulations, and the employer should pay attention to the latest policy in time.
4. change and cancellation : when foreign employees leave their jobs or change their positions, the employer shall go through the cancellation or change procedures of employment permit and residence certificate in time.

7. follow-up management

1. annual inspection of employment certificate : the employer is required to handle the annual inspection of employment certificate for foreign employees every year, and failure to do so will result in invalid certificate.
2. Labor dispute settlement : Foreign employees may apply for labor arbitration or file a lawsuit in case of labor dispute with the employer.

Domestic enterprises must strictly abide by laws and regulations when employing foreign personnel, and ensure compliance at every step from employment permit, visa application to residence certificate processing. Through systematic process management, enterprises can not only avoid legal risks, but also provide a stable working environment for foreign employees and realize the common development of talents and enterprises. For businesses planning to recruit foreign workers, understanding policies, preparing materials and seeking professional support in advance are key to success.