How to Hire Internationally –
The Three Options
Companies choose to hire international employees for countless reasons. These can include going remote-first, expanding internationally, or facing worker shortages in the home country. There could be many ways to reach that point.
We’re here to help you understand the three main approaches to hiring abroad, which are: setting up a legal entity (a subsidiary), hiring them as an international contractor, or utilizing an EOR (Employer of Record).
We will explain what they are, the pros and cons of each, and discuss the dissimilarities.
Get Started1 Setting Up a Legal Entity (Subsidiary)
Most people think the legal entity is the right choice. It offers you and the employee similar hiring conditions and removes all the risks other than tax and legal compliance. Clients still have the full authority for recruitment, onboarding, and hiring, and they also manage the employee.
The issue becomes the cost of setting up a legal entity; it’s expensive to do so. Most HR and legal teams find it challenging and pricey to navigate the local tax and employment labor laws in place, and it takes a lot of time.
You’ll probably have to work closely with a local finance and tax lawyer, and those average hourly rates can be expensive.
Before the employee can start working, you’ll have to appoint a local direct, set up payroll, and open a local bank account. Similarly, you’re responsible for all employee and corporate tax obligations.
Though a legal entity has been the way most companies choose to expand, it may not be a viable solution. Luckily, there are other options, which we discuss below.
Pros and Cons of Using a Legal Entity
Before establishing a legal entity, you must understand the pros and cons.
The benefits include:
- Engage in various business activities without worrying about tax liabilities
- Be fully operational
- Establish a presence and increase your visibility in the new market
- Have legal clarity
- No monthly service fee payments to a third-party provider
These are the drawbacks to be aware of:
- Takes more resources and time
- Legal liability rests on expanding the business
- Can’t be done without significant knowledge of the local regulations and laws
- Requires a significant upfront investment and capital
- Is a complicated process
2 International Contractor
Another option is using an international contractor for cross-border hiring. In this case, you will hire someone as a freelancer or contractor, mainly for project-based work. Companies get the skilled talent they need, and it’s on-demand. Similarly, there are lower costs than when you hire a full-time employee.
However, the company must ensure that the workers are classified as contractors instead of employees. These professionals will have to fill out the documentation, and the business owner must collect and make sure it’s all completed correctly.
There are various regulations and laws on hiring international contractors, and they vary based on the country. Typically, clear independence is necessary, so it can be problematic to hire them for a sales role.
Independence and control are separate things, and here are a few ways to determine which one you’re offering:
Though a legal entity has been the way most companies choose to expand, it may not be a viable solution. Luckily, there are other options, which we discuss below.
When ? Who controls the hours worked each week and when?
Where ? Will the individual have to be at the company office, or will they work at home?
How ? How is the work done, and who will complete it? What’s the payment structure like? Will this be an exclusive relationship, or can the individual work in other companies, as well?
Pros and Cons of Using an International Contractor
The advantages of using an international contractor include:
- No liability for the company
- No tax management required
- Excellent for short-term or specific jobs
These are the disadvantages to consider:
- Risk for misclassification of employees
- Potentially ess ownership of the IP and loss of competitive knowledge
- Challenging to bring forth the company’s culture to a contractor
- Challenging to bring forth the company’s culture to a contractor
3 EOR (Employer of Record)
An Employer of Record allows companies to hire employees abroad, and the benefit is they don’t have to set up any legal entities within the market. The EOR provider, in a sense, becomes the legal employer for the employee, taking over legal liability.
The EOR is a third party and handles:
- Compliance - This includes employment contracts, local labor laws, and other regulations.
- Taxes and Payroll – This includes processing the necessary deductions and withholding, tax registration, payments, and more.
- Local Benefit Administration – This includes attractive and compliant benefit packages, registration for health insurance, local pension funds, and more.
- Termination – The professional will manage the separation process based on local standards.
Generally, an EOR is a more cost-effective and quicker solution to help businesses expand because they can explore new markets and don’t have to commit immediately. While there are always likely to be limitations, it’s still an excellent choice where applicable.
Pros and Cons of an EOR
Using an EOR comes with many benefits, such as:
- Save time and money because you don’t have to incorporate
- Fast onboarding
- No worries about compliance, payroll, local labor laws, employee benefits, and taxes
- More flexibility and an easy exit option whenever testing out new markets
- More flexibility and an easy exit option whenever testing out new markets
- Can simultaneously expand into various markets
- Can simultaneously expand into various markets
It’s touted as being an easier option, but the Employer of Record method does feature drawbacks, and you should be aware of them:
- Can become a legal gray area in certain countries
- Limited number of employees in certain countries
- Time limits in certain countries
- More research required to choose a provider
- Must manage and coordinate various EOR partners
- No protection from Permanent Establishment risk
A Quick Breakdown of the Differences and Similarities Between All Three
We want you to fully understand what an Employer of Record, legal entity, and international contractor offer. To do that, it’s best to focus on the facts. Please look at the table below to learn more:
Features and Services
-
Legal Entity
-
International Contractor
-
EOR
Capital Requirements
- Must: - hire legal and financial consultants - Open a local bank account - Register with the local authorities - Consider infrastructure cost
- Must: - Pay the company hosting the job listing, if applicable.
- Must: - Pay a set amount to the EOR, which is much less in most cases.
Time Required
- It takes two to 12 months.
- It takes a few weeks to months, depending on how long it takes to find appropriate talent.
- Operation starts in a few days.
Legal Compliance
- Must: - Deal with country-specific requirements - Handle local and regional regulations - Deal with labor and employment taxes - Register with a legal entity
- Must: - Ensure the person is classified as a contractor
- Must: - Deal with country-specific requirements - Handle local and regional regulations - Deal with labor and employment taxes - Register with a legal entity
Local Leadership Presence
- Businesses often leverage the local leadership to deal with overheads and challenges while making decisions faster.
- This is most suitable when the individual performs the tasks required in their own time. They don’t need to be managed and generally turn in their work at the end of the day/week.
- This is ideal for autonomous teams that have few, if any, legal or operational challenges.
Workforce Size
- This is ideal for onboarding many employees in one country.
- This is more cost-effective when requiring a few people for specific tasks or jobs that will last a short while.
- This is faster and more cost-effective for smaller teams in various locations.
Setup Cost
- Roughly $1,000
- Roughly $100-200, depending on the job site used
- Roughly $400-500/month
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