Sub-contract with a registered local entity in the host country
Engage foreign national as an independent contractor
Independent contractors are widely used HR resource to add expertise to a project. However, there is a potential for violation of host country employment laws if an independent contractor functions as an employee. Most countries adhere to the same distinctions between “employee” and “independent contractor” as does the U.S. Use UW Form 1632 to assess a position in order to avoid the risk of misclassifying. See the chart, Staffing Options for UW Program Operating in Foreign Locations, for more information about engaging a foreign national as an independent contractor. Contact the International Contract Specialist in UW Procurement on the Global Single Points of Contact list for assistance.
Contract with a host country HR vendor (e.g., “Account Temps” in the U.S.) to provide staff
Although there is an additional cost for the HR vendor’s services, this option facilitates rapid staffing of a new program and doesn’t require HR expertise on the part of the UW program. See the chart, Staffing Options for UW Program Operating in Foreign Locations, for more information about the in-country HR vendor option. The UW program is responsible for identifying a HR vendor in the host country.
Hire foreign national directly
It may sometimes be necessary to hire a foreign national directly for a short period of time (e.g., less than a month) to assist with program work. However, this option should not generally be used for long-term employment unless the UW program has established a legal presence in the host country. Direct hiring, without legal registration may violate host country law and put the UW out of compliance with the requirement to withhold host country employment and social taxes. See the section, Establishing a Legal Presence at a Foreign Location, to determine if your project may need to be legally registered in the host country. Contact the UW AAG for International Operations to discuss the process for registering and the potential need to retain local counsel.
Employ foreign national as a UW employee
- There must be a job description for the position.
- The position must be reviewed by UW Compensation.
- There must be a recruitment for the position or a waiver, as applicable.
Pro Staff International Job Codes
Workplace Expectations & Conduct for UW Employees at Foreign Work Sites
- Conflict of Interest
- Use of State Resources
- Workplace Violence & Workplace-related Domestic Violence
- Disability Accommodation
- Non-discrimination & Harassment
- A work environment in which employees are not alcohol or drug impaired
- Access to make a whistleblower report
HR issues such as corrective action, accommodation, layoffs and dismissal are handled for UW employees abroad on the same basis as they are for UW employees who are based in the U.S.