Hiring employees to work for your organization in countries where you don’t
already have an in-country entity is risky, especially if you’re not prepared
and aren't aware of the nuances of international employment law.
There are many reasons to hire globally: exploring expansion into a new
market, hiring talent that isn’t available where you have an entity, or
supporting a specific venture or project. Often, the need for flexibility may
outweigh the desire to take the time and expense needed to set up an entity
in-country.
The “gig” economy coupled with the ease of communicating across borders allows
workers and organizations to work seamlessly from anywhere in the world.
However, remaining compliant to international employment laws in all the
countries where you want to hire may not be quite as seamless.
3 ways to avoid noncompliance of international employment law
1. Register in-country
Before you hire in a country where you haven’t hired in before, you must set
up an in-country entity and register with the local authorities.
By setting up a legal entity before you hire, you will be given a local
taxpayer ID and have done the work to set up in-country payroll. This requires
careful planning, because it is an investment with considerable up-front
expenses, time and resource investment. If you’re testing a new market or
setting up for a temporary project or program, be sure to work in the added
resources to your plan.
2. Hire independent contractors
Independent contractors may work for a specific type of project, but be aware
that the classification of an independent contractor has specific guardrails
around the type of work and how much responsibility the worker can carry. If
your contractors are going to have set schedules or responsibilities for work
outside of a specific project, you (and they) run the risk of employee
misclassification and penalties for noncompliance.
3. Engage with an employer of record
An international employer of record
service
can provide in-country resources to employ your global workers. Employers of
record manage the employment contracts, taxes, benefits and social costs, and
you manage the work and direction of the employee. With the right employer of
record, sometimes referred to as an international PEO
,
all your HR and payroll needs are taken care of for you.
Gambling with international employment law in hopes that you are in
compliance—or that you won’t be caught if you’re not—can greatly impact your
organization.
If you’re looking at moving quickly, you likely have little experience with
the international laws that will affect how you hire. If your hiring method
misses a step, your project or expansion begins to cost more money, take
longer to ramp up, and ultimately can set a strategic plan back.
Contact us today to
speak with a global solutions advisor to learn how our employer of record, Global Employment Outsourcing , can help your organization stay in compliance with
international employment laws.
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