What qualifications are required for enterprises to employ foreigners?

What qualifications do enterprises need to meet to hire foreigners?

With the acceleration of globalization, more and more enterprises begin to consider introducing foreign talents to enhance the competitiveness of the team. However, hiring foreigners is not a simple recruitment act, but requires a strict set of qualifications. The following from the employer qualification, foreign employee qualification and follow-up management requirements of three aspects, to provide detailed guidance for enterprises.

Qualifications to be met by 1. employers

1. Legal establishment and operation , and the actual business premises and normal tax records are required.
2. job special needs : the job to be recruited needs to be a special job that is temporarily short of suitable candidates in China and does not violate national regulations, such as high-end technical jobs, management jobs or professional jobs in specific fields.
3. Salary standard : The salary paid to foreign employees must not be lower than the local minimum wage standard and must match the job value.
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 foreigners, only legal organizations such as corporate legal persons and social organizations.

Qualification conditions for 2. foreign employees

1. Basic conditions :
• , good health and no criminal record.
• Hold a valid passport or other international travel documents, and must have an established employer in China.

1. professional skills and experience :
• have a certificate of education, work experience or professional skills that matches the position. For example, technical positions require a bachelor's degree or above and two or more years of relevant work experience.
• high-end talents (such as scientists and leading talents in science and technology) can not be restricted by age, educational background and work experience, but they must conform to the "high-end talents" and market demand orientation.

1. legal documents :
• must have a Work Permit for Foreigners and a Work Residence Permit, and the work unit must be consistent with the unit indicated on the certificate.
• Part-time or cross-unit work is prohibited, otherwise it will be regarded as illegal employment.

3. employment process and follow-up management requirements

1. Employment Permit Application :
• Enterprises are required to apply for an employment permit for foreign employees, and can only employ them after obtaining the "Notice of Foreigner Work Permit" or "Foreigner Work Permit.
• When applying, you must submit the resume certificate, letter of intent, health status certificate and other materials.

1. visa and residence permit :
• foreign employees need to enter the country with z visa (if there is a mutual visa exemption agreement, it shall be handled according to the agreement), and apply for the "foreigner work permit" and residence certificate after entering the country.
• The validity period of the residence certificate must be consistent with the validity period of the employment certificate, and the change of employer or region must be re-processed.

1. labor contract and social security :
• enterprises need to sign labor contracts with foreign employees for a maximum period of not more than five years, and it is necessary to specify that the labor remuneration is not lower than the local minimum wage standard.
• Enterprises are required to pay social insurance for foreign employees in accordance with the law, including old-age insurance, medical insurance, work-related injury insurance, unemployment insurance and maternity insurance. If the country of nationality of the foreign employee has signed a bilateral social security agreement with China, the obligation to pay for part of the insurance can be exempted according to the agreement.

1. compliance risk prevention and control :
• The enterprise needs to ensure that the work content and place of foreign employees are consistent with the work permit, and it is forbidden to work beyond the scope.
• If you hire foreign employees who do not have a legal work permit, the company will face penalties such as fines and revocation of licenses.

4. special circumstances and exemption conditions

1. high-end talent exemption : foreign employees who meet the criteria for foreign high-end talents with points are not subject to age, education and work experience restrictions.
2. Government project personnel : Foreign personnel who implement intergovernmental agreements or agreements may apply for work permits in accordance with special regulations.
3. Bilateral Social Security Agreements : China has signed bilateral social security agreements with Germany, South Korea, Japan and other countries. Citizens of relevant countries working in China can be exempted from payment obligations for some types of insurance according to the agreements.

In the context of globalization, hiring 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.