Independent contractors or freelancers are self-employed individuals who provide services to companies as a non-employee. This is one of the most common ways companies tend to hire non-local designers, engineers, support reps, etc.
For legal and tax purposes, independent contractors are not classified as employees. They may work for multiple clients, set their own work hours, negotiate their pay rate, and decide how a job gets done.
For example, the IRS says that if an independent contractor or freelancer does work that can be controlled (what will be done and how it will be done) by an employer then they are, in fact, classified as an employee.
As you can imagine, hiring someone as an independent contractor versus an employee is a fine line to tread.
While there are benefits when you choose the contractor route, there are quite a few drawbacks to consider and you’ll need to weigh them carefully to determine the best fit for your company.
A foreign subsidiary is a company that operates overseas as part of a larger company who’s HQ is in another country.
Establishing a foreign entity is great for having an international presence and accessing new markets. Though, setting up a subsidiary in Kazakhstan expensive, stressful, and time-consuming. It's not for the faint of heart.
To set up a subsidiary in Kazakhstan, you have to:
If you're lucky, this process can take months. If you're not so lucky, it can take up to a year. And on average, it costs about $50k-$80k, all-in-all, to get setup. And that's just for Kazakhstan.
An employer-of-record (EOR) is a company that hires and pays an employee on behalf of another company.
An EOR is typically used to overcome the financial and regulatory hurdles that often come with employing remote workers.
Each country has its own payroll, employment, and work permit requirements for non-resident companies doing business in their jurisdiction. Meeting those demands can be a huge obstacle when it comes to hiring remotely.
At Panther, we help companies employ and pay people in over 160 countries, without having to set up a foreign subsidiary. Payroll, benefits, taxes, compliance, and more are all handled by us, at a fraction of the cost.
Outside of saving you months and tens of thousands of dollars, other advantages of using Panther are:
Because you no longer have to set up your own subsidiary, you’ll save a ton of time and tens of thousands of dollars using Panther.
Paying employees in Kazakhstan is not the same as paying workers in your own country. Employees have to be paid using Kazakhstan’s employment and payroll standards.
This means that you have to know, understand, and keep up with 1) fluctuating currency changes, and 2) local payroll and tax laws in the countries you’re looking to hire in.
Outside of the laws and regulations around payroll, there may be different conditions surrounding leave, overtime, termination, and more. As you can imagine, maintaining this kind of regulatory knowledge can be challenging. But it is crucial and necessary to follow local legislation.
After, you’ll have to determine the best way to pay your international employees. This can be done in a number of ways, including but not limited to:
One of the most challenging (and expensive) parts of paying international employees is setting up the infrastructure to do so.
Before you start to run payroll, you have to register your company as the local employer in the country the worker resides in. As you can see in the “Set up a subsidiary” section, this is a multi-step process that can take up to a year and put you on your way to bankruptcy.
Outside of EORs acting as the full admin employer, many also provide remote payroll.
For example, at Panther, in just 1-click, you’re able to pay your entire global team, anywhere in the world. We send you an invoice each month, charge you in US Dollars, and pay your employees the same amount in their local currency.
We factor in currency fluctuations and use the mid-market rate plus any applicable fee passed on by our provider at cost at the time of billing.
A full-time work week is 40 hours or 6 hours per day.
In general, overtime work must be agreed on in writing by the employee and employer. Overtime cannot exceed 2 hours per day or 1 hour for dangerous work. In addition, overtime cannot exceed 12 hours per month.
Overtime is paid at the rate of 150% of the regular pay. It is also possible to give 1 hour over paid leave for every hour of overtime.
Wages are paid on a monthly basis and the pay date is determined by either a collective agreement or the employment contract.
There are no provisions in the law.
PTO is calculated by the:
There are 12 public holidays.
The duration of sick leave entitlement provided to workers is dependent on how long they have been employed by their employer:
Mothers are entitled to 126 days of maternity leave, divided into 70 days before the expected due date and 56 after the birth of a child.
In the event of a difficult birth, leave after the birth can be extended by 14 days.
If a mother resides in an area where nuclear tests are performed, maternity leave is 160 days and is divided by 90 days before the expected due date and 70 after the birth.
Maternity leave is paid by the employer.
There are no provisions in the law regarding paternity leave.
Parents or relatives are entitled to unpaid leave to care for a child until the child reaches the age of 3.
Birth of a child - Up to 5 calendar days of unpaid leave
Up to 5 calendar days of unpaid leave.
Up to 5 calendar days of unpaid leave.
An employer or employee must provide written notice to the employee notifying them of the termination of the employment agreement.
On the last day of employment, the employer must provide a termination letter and include the reason for termination.
If the employee requests it, the employer must provide an employment certificate and include information such as dates employed, nature of the job, salary, and recommendation.
This letter must be provided within 5 working days from the date of request.
The notice period is 1 month. If the employee agrees, payment in lieu of notice can be given.
There are no provisions in the law regarding severance pay.
Probation period is 3 months.