First of all, the employer must apply for an employment permit for the foreigner, and it can only be employed after it has been approved and obtained the Employment Permit Certificate for China People and Foreigners. Therefore, it is illegal to hire foreigners by applying for employment permits.
Secondly, foreigners who are employed in China should enter the country with a professional visa (if there is a visa exemption agreement, it should be handled according to the agreement), and they can only be employed in China after obtaining the Alien Employment Permit and Alien Residence Permit. Therefore, all foreign employees must enter the country with a professional visa. It is illegal to have no professional visa.
Finally, the employer of foreigners employed in China must be consistent with the employer indicated in the employment certificate. If a foreigner changes the employing unit within the area specified by the issuing authority but still engages in the original occupation, it must be approved by the original issuing authority and go through the formalities for changing the employment permit.
Foreigners who leave the area specified by the issuing authority for employment or change their employers and engage in different occupations in the original area must go through the employment permit formalities again.
Extended data:
(1) Documents required by foreign employees
Generally speaking, foreign employees need to apply for employment permit (notice), Z visa, employment permit and residence permit in China. At present, the new regulations change the work visa into a professional visa (Z visa), and merge the employment expert certificate and the work employment certificate in China. The essence of employment permit is administrative license, and foreigners can work in China and get paid with this permit.
The procedure is as follows:
(1) Apply for the Notice of Work Permit for Foreigners online and agree to enter the country in principle;
② Apply for Z visa or R visa at China embassy or consulate abroad; (3) apply to the foreigner work management department for a foreigner work permit; (4) Go to the public security department to apply for a work residence permit.
(2) Conditions required by the employer
To employ foreign employees, the employer shall 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 for hiring foreigners has special needs, and there is a lack of suitable candidates in China, and it does not violate the relevant provisions of the state;
(3) The wages paid to employed foreigners shall 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.
At the same time, the employer is reminded that it is the legal obligation of the employer to apply for an employment permit for foreigners, and it can only be hired after approval and obtaining an employment permit.
Therefore, the employment permit is one of the most important valid documents for foreigners to work in China, a prerequisite for obtaining a work visa in China, and an important certificate for foreign employees to safeguard their own labor rights and interests.
Baidu encyclopedia? —— Interim Measures for foreigners employed in China to participate in social insurance.