What must the position of employing foreigners meet at the same time?

Foreign-invested enterprises can apply for a license directly to the labor department when hiring foreigners; State-owned enterprises must be approved by the competent department of industry; Limited liability companies need a registered capital of more than 5 million yuan to hire foreigners. The Ministry of Labor stipulates that China people should be given priority in the recruitment of ordinary positions below the deputy general manager. Therefore, when recruiting such positions, enterprises should choose one of the following two aspects and fail to recruit suitable China people before hiring foreigners.

1. The procedures for employing foreigners by the employer are as follows:

1. When employing foreigners, the employer must apply for an employment permit for the foreigner, and can only employ them after obtaining the Employment Permit Certificate for Chinese People and Foreigners. Therefore, it is illegal to employ foreigners by applying for an employment permit.

2. Foreigners who are employed in China should enter the country with a professional visa (if there is a mutual visa exemption agreement, it shall be handled according to the agreement), and after entering the country, they can obtain the Alien Employment Certificate and Alien Residence Certificate before they can be employed in China. Therefore, all foreign employees should enter the country with a professional visa, and it is illegal to have no professional visa.

2. Documents required for foreign employees

1. Generally, foreign employees need to apply for employment permit (notice), Z visa, employment permit and residence permit when they are employed in China. At present, the new regulations change the work visa into a professional visa (Z visa), and merge the employment expert permit and work employment permit in China.

2. The essence of employment permit is administrative license, and foreigners can work in China and get paid with this permit.

3. To employ foreign employees, the employer must meet the following conditions:

① It is established according to law and has no record of serious violation of law and dishonesty;

② The position of employing foreigners has special needs, and there is a lack of suitable candidates in China, which does not violate the relevant state regulations;

③ The wages and salaries paid to employed foreigners should not be lower than the local minimum wage;

④ if the laws and regulations stipulate that it should be pre-approved by the competent department of the industry, it needs to be approved.

Legal basis:

Article 5 of the Regulations on the Administration of Employment of Foreigners in China

The employing unit must apply for an employment permit for the foreigner, and can only employ the foreigner after obtaining the Employment Permit Certificate of the People's Republic of China and Foreign Nationals (hereinafter referred to as the Permit Certificate).