As the global economy grows, more companies are looking to hire software engineers from other countries. While this can provide many new opportunities, it can also be a difficult challenge for employers unfamiliar with other countries’ recruiting processes and laws.
When hiring workers from other countries, there are a few points to consider. Businesses can employ people as contractors or employees depending upon their needs, ensuring compliance with local laws. Each country has criteria for determining who is a contractor versus an employee.
This guide will go over hiring workers as contractors, hiring workers as employees, and widespread global conformance and payroll platforms that provide Employer of Record services. These global Employer of Record platforms enable employers to hire employees in countries where they do not currently have a legal presence without the need to establish a legal entity.
How to Cooperate with Hiring Laws and Avoid Legal Trouble
Regardless of the current state of the job market, companies must always strategize the hiring process with caution and adhere to a legally sound hiring policy. A small mistake could turn into a blunder that could expose your company to costly litigation if you do not take hiring laws sincerely.
In general, employment legislation (as well as some local ordinances) try to protect job candidates and current employees from discriminatory practices, enslavement, and other such offences. Many of these safeguards kick in when someone submits an application form to your corporation, even if you don’t interview them or read their resume.
Is it necessary to form a legal entity when hiring someone?
Although most countries require employers to register in that nation for tax purposes when hiring employees, establishing a legal entity is not always needed. However, there are several countries where no separate legal entity is to be found for the reason of employing people; instead, a branch office is to be opened.
Determine Your Requirements for a New Employee
The first step in your hiring process is to write a thorough job description which can be used for both hiring and employment. When writing a job description, essential to follow hiring laws and keep the following points in mind:
DO list the job’s duties and responsibilities in order of general to specific.
DO state job credentials and requirements objectively. “Must have a bachelor’s degree” or “Must be proficient in Powerpoint presentation and Excel,” for example.
DO state that you are an “Equal Opportunity Employer” and that nothing in the job posting or summary should be interpreted as an offer or guarantee of employment.
DO NOT use dialect that expresses or implies a preference for a specific gender, race, age, or other quality. “Looking for a youthful, energetic team player,” for example, implies an age liking and is most likely illegal. “Seeking a hardworking team player” is a better choice.
Is it necessary to have a contract of employment?
A written employment agreement is required in majority of countries. This is especially true for certain employment agreements, such as fixed-term agreements. Although some countries do not require written employment contracts, the employer must provide a written statement outlining some key details about the employment relations (such as stipend, working time, moment of payment, vacation entitlements etc.).
Is it necessary for the employment agreement to be written in an official language?
There have been no language prerequisites when drawing up an employment contract in just over half of the countries, as long as the parties to the agreement understand its content. As a result, the accord can be written in a language both parties understand.
In all other countries, the employment contract must be written in (at least one) of the national languages (s). Parties in these countries can always provide a translation of the agreement in another language, but if there are any discrepancies between the two versions, the version within the dominant language will always take precedence.
Suppose there is no employment agreement in the dominant language. In that case, the most common result is that the agreement cannot be used as evidence in court and is therefore not enforceable until a translation is provided.
Where can we find contractors?
There are numerous websites where businesses can hire contractors. Some platforms take pride in their stringent vetting procedures, while others have low entry barriers, putting the onus on the employer to carry out vetting procedures.
Hiring remote software engineers can take time and money. Here are three excellent alternatives to consider:
Aapastech
Aapastech could be a great option if you are inclined to employ and vet software developers. Before hiring a contractor, you will choose candidates that are thoroughly vetted for genuineness and legal compliance . You will submit a job description, the Aapastech team would match the developer with the job description. Depending on the plan, you pay a flat monthly or processing fee per hire.
When you hire through Aapastech, you give Aapastech the authority to manage the project. You are not directly hiring the software developer so you do not need to worry about compliance.
ReadyTal
ReadyTal is also another option that you can go for. They specialize in providing remote developers mainly.
Are there any rules that must be followed when dismissing executives?
Where managers are regarded as employees, they usually enjoy the same protection and abide by the same rules regarding dismissal as other employees, with some exceptions. For example, the legislation regarding dismissal circumstances in Sweden does not pertain to executives, whereas in Germany, the works council does not have to be heard in the disqualification procedure.
When executives seem self-employed, they can generally freely negotiate the terms of their dismissal and any indemnification owed to the company.
Hiring globally in a global world is full of challenges. Using services of hiring platforms, and EORs is recommended to avoid unnecessary hassles so that companies can focus on what they do best — their core products.
We at Aapastech helps tech companies to hire the best tech team for their needs from our pool of highly experienced developers, project managers, quality assurance staff, without worrying about legal complications.
To contact us, you can simply drop us an email at it@aapastech.com and we will contact you.
Happy Hiring!
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