How to hire a foreign worker? Part 1

Any developing business at some point grows to the need to hire assistants. And, of course, the future employer starts looking for them among his acquaintances, according to recommendations, taking into account that workers from Eastern European countries are cheaper and less demanding. And now, the desired candidates have been found. The question of paperwork arises. Often, neither the employee nor the employer knows who can and cannot be hired and what methods of this hiring exist. We will understand all this in this article.

First, consider what options for an employment relationship exist?

1. Work for hireThat is, under an employment contract. The most standard and first way that comes to mind. These relationships are governed by labor law and, in many industries, also by collective bargaining agreements (CAOs). The employer is limited by working hours, wages and other obligations. Despite the rather large restrictions and additional costs for the employer in the form of social insurance payments, this type of relationship is the most widespread and understandable for everyone.
2. Hiring through an employment intermediary firm (uitzendbureau, Payroll, detasherings bureau). This method is more expensive than the first, but often more attractive, since the main obligations in relation to the employee, such as paying sick leave, severance pay, fall on the shoulders of the intermediary firm. In addition, such an employee is easier to fire or replace. But that's not all. If an employee needs paperwork for work, then it is the intermediary firm that takes care of these concerns.
3. Subcontractor agreement. What if you do not need a permanent employee, but need temporary assistance from certain specialists? In this case, a subcontractor is hired. This company undertakes to perform certain jobs for you and provides employees for these jobs itself. At the same time, you, as an employer, are not relieved of the obligation to check that all employees working in your territory are there legally and have the necessary documents.
4. Rent of a private entrepreneur. In essence, this is the same hiring of a subcontractor, only in this case the rented employee works for himself. Relationships with such hired entrepreneurs are very often used as a substitute for a regular employment contract. The state is trying to fight this, but so far not very successfully. And in some cases where hiring is not justified or simply not possible, renting an entrepreneur is the ideal solution.
5. A contract with a freelancer. A freelancer is essentially an unregistered individual entrepreneur. A person for whom work for you is not the main income, but an additional one. For example, you can hire a person to create a website, design a logo, conduct light music, or, for example, general cleaning after renovation.

All these types of relationships are completely legal and are actively used.
Which type is right for hiring a foreign worker? We will consider this in the next article