full analysis of compliance conditions for enterprises to recruit foreign talents

with the acceleration of economic globalization, more and more enterprises begin to consider introducing foreign talents to enhance the competitiveness of their teams. However, the recruitment of foreign employees is not a simple recruitment process, enterprises need to strictly abide by Chinese laws and regulations to ensure compliance. This article will introduce in detail the core conditions that enterprises need to meet in recruiting foreign employees to help enterprises avoid legal risks and achieve compliance.

1. enterprise main body qualification requirements

legal establishment and registration
enterprises need to complete industrial and commercial registration and obtain legal business qualification in accordance with the the People's Republic of China company law. Enterprises that have not completed registration or have abnormal operations will not be able to pass the recruitment approval of foreign employees.
no records of serious violations of laws and regulations
enterprises need to ensure that they have no major violations of laws and regulations, including but not limited to tax violations, labor disputes, environmental protection and other aspects of dishonesty records. Relevant departments will check the qualification of enterprises through the credit information platform, and enterprises with bad records will be restricted from recruiting foreign employees.
industry access and pre-approval
some industries (such as finance, education, medical) have additional restrictions on the employment of foreign or foreign talents, and enterprises need to confirm whether their qualifications meet the regulatory requirements of the industry. If laws and regulations require pre-approval for certain industries, enterprises must first complete the relevant approval process.

2. job requirements and compliance review

job special needs certificate
enterprises need to prove that there is a "temporary shortage of suitable candidates in China" for the positions they hire, for example, high-end technology research and development, international business development and other special areas. In principle, foreign employees are not allowed to be employed in ordinary posts.
post compliance assessment
enterprises need to ensure that the post does not involve areas prohibited by the state from foreign personnel, such as commercial theatrical performances (unless they meet specific exemption conditions), classified posts, etc.
salary and welfare standard
enterprises are required to pay foreign employees a salary not lower than the local minimum wage standard, and some high-end positions are required to meet higher salary requirements (e.g. the average wage income is not lower than 4 times the average social wage income of the previous year in the region), and pay social insurance according to law.

3. foreign employee qualification requirements

basic conditions

At least 18 years old, in good health, free from infectious diseases;
Possess the professional skills, educational background or work experience required for the position;
No criminal record;
Hold a valid passport or international travel document.

work permit and residence certificate

foreign employees need to enter the country with z visa, and enterprises need to apply for "foreigner employment permit" for them;
within 15 days after joining the company, enterprises are required to apply for "Foreigner Employment Permit" for employees;
within 30 days after joining the company, employees are required to apply for residence permit from the public security organ with employment permit.

4. foreign talent classification and special policies

foreign high-end talents (category a)
talents who meet the requirements of "high-tech talents" and market demand orientation, such as scientists, science and technology leaders, international entrepreneurs, etc., are not limited by age, educational background and work experience.
foreign professionals (category B)
must 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. In line with the conditions of innovative and entrepreneurial talents, restrictions may be appropriately relaxed.
Other foreign personnel (category C)
Other foreign personnel who meet the needs of the domestic labor market and meet the requirements of national policies.

5. employment process and material preparation

Employment permit application
Enterprises are required to submit the following materials to the competent department of the industry:

resume certificate, letter of intent and job demand report of the foreign employee to be employed;
qualification certificate of foreign employee (such as academic certificate, professional qualification certificate), health status certificate and no criminal record certificate;
qualification documents such as business license, contract and articles of association.

approval and issuance

After the approval of the industry competent department, the enterprise needs to go through the approval procedures with the labor administrative department and obtain the Foreigner Employment Permit;
A foreign-invested enterprise may apply for a license from the labor administrative department directly on the basis of the relevant documents, without the approval of the competent department of the industry.

labor contract signing
enterprises need to sign labor contracts with foreign employees, specifying the work content, duration, salary and other terms. The maximum term of the labor contract shall not exceed 5 years, and those who need to renew the contract upon expiration shall apply 30 days in advance.

6. follow-up management and compliance obligations

annual inspection of employment permit
enterprises need to go through the annual inspection procedures for foreign employees. failure to do so within the time limit will cause the employment permit to become invalid.
information change and renewal

when foreign employees change their employers, employment areas or occupations, they need to go through the employment permit formalities again;
if the labor contract needs to be renewed upon expiration, the enterprise shall submit the renewal application in time.

resignation and cancellation of certificates
after the labor contract is terminated, the enterprise shall promptly report to the labor and public security departments, return the employment certificates and residence certificates of foreign employees, and assist in handling exit formalities.

7. special circumstances and exemption policy

exemption from employment permit and employment permit

foreign experts directly funded by the government (holding "foreign expert certificate");
foreign personnel carrying out Sino-foreign cooperation and exchange projects;
Chief representative and representative of the permanent representative office of a foreign enterprise in China.

exemption certificate
foreigners who directly apply for employment permits after entering the country with z-visa and relevant certificates, such as foreign experts who carry out cooperation projects in accordance with international agreements.

Conclusion

Recruiting foreign employees is an important measure for the internationalization of enterprises, but compliance is a prerequisite. Enterprises should strictly follow laws and regulations to ensure that their own qualifications, job requirements, qualifications of foreign employees and employment processes are in line with the requirements. Through compliance operation, 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. In the global competition, compliance will become the key factor to enhance the core competitiveness of enterprises.

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