Legal Questions That You Should Consider Before Recruiting Workers

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After staying closed for months, businesses across the world have started to reopen. As a result, different job positions have started to open up in the businesses of different sectors. The businessmen are recognizing the importance of remote working, and are searching for remote workers for their organization.

While hiring the remote employees is almost the same as hiring the in-office workers, the lawyers of De Bousquet PC believe there are certain factors that the employers should think carefully.

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In the following section, we have taken their advice about all the important factors employers need to consider to make the hiring process smoother.

What Should Be The Employers Thinking When Looking for The Talent?

The lawyers are pretty stern about hiring employees for your company who resides in another country. The lawyers explained that as the employee will be staying in another country, he or she would be subject to the laws of that place. So, the tax system of the employee would also be different than that of Canada. So, while looking for their employees, the companies should try not to hire people who live abroad.

Many lawyers suggest that the companies, hell-bent on finding the right resources even if they reside in other nations, should get in touch with the outsourcing corporations of the country. In this way, the outsourcing company will be responsible for the local laws and other issues associated with hiring people from another country.

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If you choose to hire employees from the provinces of Canada, things will become a lot easier for you. As the laws are more or less standard, the chances of facing legal issues are quite small. Lots of companies, even the smaller ones, hire people from different provinces without any hassles. While you need to make sure that the contracts are drawn following the individual regulations of the states, the process is not that troublesome.

What About Hiring From The U.S.?

You might think that the laws of the United States are not that different from that of Canada, as we share the same border. It is a misconception. The laws of the US are very different from that of Canada.

Take the criminal code, for example. While Canada has a single criminal code applied for all the provinces, the criminal code of the United States changes from one state to the next. From this, you can understand how difficult it can be to hire people from the United states for your company. To hire a person from the US, you will need the help of the legal counsel of the employee, as well as your own, to formulate a legal agreement.

Should Remote Workers Be Considered Permanent Employees?

It entirely depends on the company. In most cases, small companies hire contractors who can complete the job without any hassles. However, this scenario changes when it comes to bigger companies that hire a lot of people. In the latter example, the people that the bigger companies hire are often considered as their permanent employees.

If the contractors are doing 100% work for a single company, then they are not an independent contractor. They can be called dependent contractors, who have to fulfill certain duties and could unionize.

Hiring contractors is not a problem if you let them work independently. In this way, you would not have the privacy or security concerns that you would need to have for your employees. In simple terms, both you and the contractor have to agree about the contractor status.

In most companies, hiring for the contractor or the employees depends on whether or not they are eligible for the Canada Emergency Wage Subsidy. If the revenue of the company has taken a significant hit in recent times, then more and more people choose to hire employees as it gives them a chance to get the wage subsidy.

What Are The Best Practices for Video Interviews?

Lawyers advise the clients from a non-legal perspective to be more understanding. The employers should accept the fact that the remote work interviews would not be as perfect as it would have been if it was conducted in-person. Even if someone gets 10 minutes late for the interview, as their home internet system broke down suddenly, it should not impact the interview process. The employers should concentrate on the skill sets of the prospective candidate rather than the smaller issues.

Do The Remote Workers Require Separate Policy?

While hiring the people, the companies should outline their expectations from the employee. They should be clear about the timeline of the deliverables, as well as the key goals of the employee. More often than not, the remote workers feel that they are working harder, while the company think that they are not working enough, as the company cannot see them working. So, there are chances of discrepancies due to miscommunication. You should address this problem before hiring the employee.

These are certain legal issues that you should keep in mind while hiring a remote worker for your company. The best way to make sure that the entire process goes without any hitch is to hire a lawyer. They will be able to guide you through the process and make the whole hiring process a lot easier.

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