1. Searching for the diamond a.k.a recruiting the right candidate
While hiring overseas candidates, the background check should be microscopic, the kind Sherlock Holmes would do.
You probably have no idea about the best educational institutions in that country.
So, you may want to take the help of a recruiting agency to thoroughly scrutinize the candidate’s skills/ qualifications/ experience. Make sure that the agency is skilled and experienced enough to gauge the candidate’s skills and knowledge. You may also choose to DIY – using job portals such as LinkedIn, Careerjet, Jobvine, etc, etc.
2. Deciding your relationship with the chosen candidate
Would you want the candidate to be an employee or an independent consultant/ freelancer or gig worker?
The freelancing space is still in the making. Different countries have different laws around it. What classifies as freelancing in one country may classify as employment in another country.
Missclassification of employees as freelancers or otherwise may lead to penalty
Hiring employees is usually accompanied with tax, insurance, and social security compliances. While hiring freelancers may be easier, you may prefer to hire employees for long-term projects who work dedicatedly with you under your direction and supervision.
In February 2021, a group of Uber drivers challenged the way Uber classified them as self-employed in Britain’s Supreme Court. The Court ruled in the drivers’ favor, entitling them to rights such as the minimum wage and holiday pay.
Courts across the UK and Europe are now ruling in favor of employment rights for gig workers, there are some outliers though.
The EU is proposing to pass a law that attempts to define the line between a self-employed platform worker and a platform worker that deserves the same rights as an employee. That line is actually a list of five criteria, which focuses on how much control a platform has over a worker—whether the platform monitors their performance, whether the worker can choose their hours or work for other companies, etc. If a platform meets two or more criteria, its self-employed workers should be reclassified. The onus to prove that there is no employment relationship between the platform and the workers rests on the platform.
