Q: The employment of foreign employees in China is becoming increasingly common. To maintain harmonious labor relations and reduce labor disputes, do you have any suggestions for employers and foreign employees?

问：外籍员工在华就业越来越普遍，为维护和谐劳动关系、减少劳动纠纷，您对用人单位以及外籍员工分别有何建议？

Lawyer: From the perspective of recruitment, it is very important for employers to carefully review the qualifications and conditions of foreign employees who come to China for employment, and choose to introduce high-quality talents that meet the conditions. Avoid the losses and huge labor costs incurred by cross-border recruitment of employees who do not actually possess the corresponding qualifications and skills.

律师：对用人单位而言，从录用角度看，对来华就业的外籍员工其资质、条件进行审慎审查，选择引入符合条件的优质人才非常重要。避免因跨国招录实际上不具有相应资质、技能的员工，而蒙受的损失和承担的巨大用工成本。

From a management perspective, it is necessary to properly establish the archives and permit system management for foreign employees in enterprises, establish standardized accounts for the duration of foreign employees' labor contracts, work permits to China, work residence permits, and work visas, and avoid situations where both parties will be punished due to the expiration of a certain document or permit.

从管理层面看，要妥善建立企业外籍员工的档案、许可体系管理，对外籍员工的劳动合同、来华工作许可、工作居留许可、工作签证的期限建立台账规范管理，避免因某一文件、许可的超期时效而导致因出现员工非法居留、企业非法用工，双方均遭受处罚的情况。

From the perspective of protecting the rights and interests of foreign employees, employers should pay attention to the fact that the wages paid to hired foreigners should not be lower than the local minimum wage standard. The working hours, rest, vacation, labor safety and health, and social insurance of foreigners employed in China should be implemented in accordance with relevant national regulations. Enterprises should properly pay work-related injury insurance, medical insurance, and social insurance for workers. When both parties sign a labor contract, the work content, working hours, working location, salary and remuneration of foreign employees should be clearly defined. Employers shall protect the legitimate rights and interests of foreign employees and shall not discriminate against foreign employees based on their nationality, race, religious beliefs, or other reasons.

从保障外籍员工权益的角度看，用人单位应注意支付所聘用外国人的工资不得低于当地最低工资标准，在中国就业的外国人的工作时间、休息、休假劳动安全卫生以及社会保险按国家有关规定执行。企业应当妥善为劳动者缴纳工伤保险、医疗保险、社会保险。双方签订劳动合同时，应当明确外籍员工的工作内容、工作时间、工作地点、工资报酬等内容。用工单位应当保障外籍员工的合法权益，不得因外籍员工国籍、种族、宗教信仰等原因歧视外籍员工。

From the perspective of termination and termination of labor relations, reaching consensus with workers as much as possible is the cornerstone of subsequent work such as permit cancellation and change. Promptly issuing a resignation certificate and handling the cancellation and change procedures of work and residence permits for workers can maximize the avoidance of damage to the rights and interests of workers and penalties imposed by competent authorities due to overdue processing.

从终止、解除劳动关系层面看，尽可能地与劳动者做到协商一致是后续相应许可注销、变更等工作的基石。及时为劳动者开具离职证明并办理工作、居留许可的注销、变更手续，能最大程度上避免因超期办理而对劳动者权益造成的损害及有权机关的处罚。

For foreign employees employed in China, they should carefully choose enterprises with the corresponding qualifications to hire foreigners, and conduct investigations such as administrative penalties and search for labor dispute cases. They should carefully choose labor relations friendly enterprises to join. From the beginning of employment to the end of resignation, for matters involving the application, change, and cancellation of work permits and residence permits, workers should promptly and actively communicate with the employer, and require the unit to cooperate in handling the corresponding procedures. Avoid being recognized as illegal employment or residence due to overdue processing, and being subject to administrative and criminal penalties.

对在华就业的外籍员工而言，应当审慎选择具备雇佣外国人相应资质的企业，并做好相应行政处罚、劳动纠纷案件涉诉情况检索等调查工作，谨慎地选择劳动关系友好型企业入职。从入职起到离职止，对于涉及办理、变更及注销工作许可、居留许可的事项，劳动者要及时、积极与用人单位开展沟通，要求单位配合办理相应手续。避免因超期办理而被认定非法就业、非法居留，遭受行政、刑事处理。