How to avoid legal and compliance issues when hiring internationally

Talent Acquisition Workforce Management
Diyaa Mani

By Diyaa Mani
July 22, 2025

Updated
September 30, 2025

0 min read

Hiring international talent sounds exciting, until legal compliance trips you up

One wrong move with local labour laws, tax rules, or visa requirements, and suddenly you’re facing fines, project delays, or even a hiring freeze. We’ve seen it happen: a company expands into a new market but unknowingly misclassifies a worker or misses a critical registration, costing them dearly. 

If you are hiring across borders (or planning to), you need more than good intentions. You need a clear understanding of the legal risks and how to avoid them. 

In this article, we’ll discuss the most common compliance mistakes companies make when hiring internationally and how to avoid them. 


Mistake #1: Assuming your local rules apply everywhere 

What’s legal in one country might be illegal in another — know the local rules before you hire
One of the biggest mistakes companies make when expanding internationally is assuming they can apply their home country’s employment laws across the board. But what’s legal and standard in one country might be completely unacceptable — or even illegal — in another. 

Each country has its own rules, from pay requirements and working hours to data protection and anti-discrimination laws. If you miss one detail, you could face penalties, reputational damage, or even have to shut down hiring in that region. 

The more countries you hire in, the more complex it gets. That’s why it’s important to understand each country’s requirements and get the right help to avoid expensive mistakes. 


Mistake #2: Choosing the wrong hiring model for the market 

Many businesses rush into hiring international talent without fully considering how they’ll do it, and end up using the wrong hiring model. This can lead to misclassified workers, unexpected costs, and serious compliance headaches. 

The right approach depends on your business goals, how quickly you need to hire, and the legal requirements in the country. Here’s a quick comparison: 

Hiring Model

What it means

Pros

Cons

Direct Employment

You hire employees directly for your company in that country.

Full control over pay, benefits and culture. Builds loyalty and stability.

Requires a legal entity. Complex compliance setup that takes time and resources.

Independant Contractor

You engage freelancers or contractors for specific work.

Flexible, faster to onboard, usually lower in cost.

Risk of misclassification can lead to fines, backpay and less control over work.

Employer of Record

A third-party company hires employees on your behalf.

Handles compliance, so you can employ quickly without setting up a local entity.

Extra costs and less direct control over HR matters.

Which model best depends on your goals, risk appetite, and the complexity of the local laws. 


Mistake #3: Overlooking local employment laws 

A surprising number of companies assume they can use a standard employment contract across every country — but this is where international hiring efforts often go off the rails. 

Every country has its own legal requirements for employment contracts, wages, working hours, termination processes, statutory benefits, and workplace health and safety. Even something as simple as how much notice you give before letting someone go can vary widely. 

For example:  

  • In the United States, you must comply with the Fair Labor Standards Act (FLSA) for wage and hour rules, the Family and Medical Leave Act (FMLA), and the Americans with Disabilities Act (ADA) for workplace accommodations.
  • In the United Kingdom, employers are expected to adhere to the Employment Rights Act, National Minimum Wage Act, and Equality Act 2010, which governs discrimination and equal pay.
  • In Canada, you’ll need to follow the Canada Labour Code, Employment Equity Act, and provincial regulations on health and safety, vacation, and termination.
  • In Australia, key employment laws include the Fair Work Act 2009, National Employment Standards (NES), and rules on superannuation contributions and workplace safety.
  • In Singapore, you must comply with the Employment Act, Work Injury Compensation Act, and regulations around foreign worker permits and maternity leave.

To stay compliant: 

  • Do your homework or work with local legal experts to understand employment laws in each country. 
  • Write employment contracts that match local pay, benefits, and termination rules. 
  • Monitor law changes — many countries update labour regulations regularly. 

Mistake #4: Failing to verify work permits and right-to-work status 

Never assume someone has the right to work — verify visas and work permits upfrontIt might seem like a formality, but not verifying whether someone has the legal right to work in a country can land your business in serious trouble. 

One of the most common — and costly — international hiring mistakes is overlooking visas and work permits. If you hire someone not legally allowed to work in that country, you could face fines, penalties, or even bans on future hiring. 

And the rules aren’t always straightforward. Some countries require sponsorship, others have quota systems, and some change immigration policies frequently, especially for remote and tech workers. 

Best practices: 

  • Always check work eligibility before someone starts. 
  • Keep good records of visas and work permits in case of audits. 
  • Consider using immigration specialists or EOR services to handle sponsorships and paperwork. 

Mistake #5: Mismanaging payroll, taxes, and social contributions 

Each country sets its rules for how employees are paid, what taxes are withheld, and what contributions are made (like pensions or social security). And it’s not just about cutting a paycheque — you must also register with local tax authorities and submit reports on time. 

If you miss a deadline or underpay a required contribution, you could face penalties or lose your ability to hire in that country altogether. 

Key points to watch: 

  • Understand local pay cycles, tax rates, and required contributions. 
  • Be mindful of permanent establishment risks — having employees in a country could mean you owe corporate taxes there. 
  • Check for double taxation treaties to avoid employees being taxed twice. 
  • File the right reports on time. Many companies use global payroll providers or EORs to keep this simple and compliant. 

Mistake #6: Ignoring employee data and privacy laws 

Many countries have strict data privacy laws. For example, the EU’s GDPR and India’s DPDP Act set out how personal data must be collected, stored, and used. Companies that copy-paste their data policies from one country to another often run into trouble. Even storing employee data outside the country — say, on a US-based server — can be a violation if local laws require in-country data residency or consent. 

If you’re collecting personal information for hiring, onboarding, or payroll, make sure your systems, processes, and partners are aligned with local privacy laws. Otherwise, you’re risking more than a slap on the wrist 

To stay on the right side of privacy laws: 

  • Get clear consent from candidates and employees before collecting their data. 
  • Store data securely and limit who can see it. 
  • Respect employee rights to access, correct, or delete their data. 
  • If you transfer data across borders, make sure it follows local and international rules. 

Mistake #7: Using vague or non-compliant employment contracts 

Your employment contracts are your first line of legal protection when hiring internationally. 

  Every employment contract should clearly outline the employee’s role, salary, benefits, working hours, confidentiality clauses, intellectual property rights, and termination terms. But what’s considered enforceable in one country may not be valid in another — and missing just one required clause could void the agreement altogether. 

Smart contract tips: 

  • Include clear confidentiality and data protection clauses. 
  • Use contract templates reviewed by legal experts in each country. 
  • Keep them up to date — laws change, so your contracts should too. 

Mistake #8: Overlooking local anti-discimination laws

Hiring globally means working across cultures — and legal systems that take discrimination seriously. If you’re not careful, your hiring practices could unintentionally breach local anti-discrimination laws. 

Most countries have strict rules to protect people from unfair treatment based on gender, race, religion, age, disability, or sexual orientation. But what counts as discrimination (and how it’s enforced) varies by region. 

For example:

  • In Australia, the Fair Work Act 2009 and the Australian Human Rights Commission Act prohibit discrimination based on race, gender, disability, age, and other protected attributes. Employers must also take steps to prevent harassment and ensure equal opportunity.
  • In Singapore, the Tripartite Guidelines on Fair Employment Practices require employers to avoid discriminatory job ads and ensure fair treatment in hiring, promotion, and dismissal areas. Non-compliance can lead to sanctions or suspension of work pass privileges.
  • In the United Kingdom, the Equality Act 2010 is a cornerstone of workplace rights, protecting individuals from discrimination based on characteristics like age, sex, religion, sexual orientation, and disability, with vigorous legal enforcement through tribunals.

How to protect your company and your people: 

  • Use unbiased hiring practices, like blind resume screening. 
  • Train managers on diversity and inclusion. 
  • Check your hiring stats and run diversity audits. 
  • Have strong policies to prevent harassment and discrimination at work. 

Mistake #9: Failing to combine the right tools and partners

Managing compliance across borders isn’t just a legal task — it’s also an operational challenge. Trying to do everything manually increases your risk of error, especially when laws vary by country.

The good news? You don’t have to go it alone.

Technology platforms — Modern global HR tools can automate key compliance tasks like employment eligibility checks, payroll processing, document management, and tax reporting. They offer visibility and consistency across markets.

Trusted partners — Technology alone might not be enough in more complex hiring scenarios. That’s where service providers come in:


Mistake #10: Treating compliance as a one-off task 

Compliance doesn’t stop at onboarding — stay up to date or risk falling behind fastMany businesses make the mistake of thinking compliance ends once a contract is signed or an employee is onboarded. But international compliance isn’t a “set it and forget it” situation — it requires ongoing attention. 

Laws change. Tax rules shift. New regulations are introduced with little notice. What was compliant last year — or even last month — might not be today. 

Good habits include: 

  • Running regular audits of your hiring, payroll, and HR processes. 
  • Keeping up with local law updates. 
  • Setting up ways for employees to report concerns. 
  • Asking employees for feedback on your workplace policies. 

Hire international talent with confidence

We helps businesses like yours navigate every step of global hiring, from compliance and payroll to finding the right people. Let’s make your global expansion a success. Get in touch with our team today. 

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