Hiring an independent contractor in Chile can provide access to professionals with diverse skill sets ready to support a company’s project requirements. However, when looking for independent contractors to handle projects for the company, it is important to apply the right strategy to successfully contract these skilled professionals.
Hiring independent contractors in Chile
If hiring an independent contractor is the best fit for business requirements, it is important to understand how to classify different workers and service providers.
Independent contractor vs. full-time employees
The primary distinction between independent contractors and employees is based on the characteristics of the services provided and whether the individual is subordinate or dependent on the company. An individual will be considered an employee when they are subordinate or dependent to the company. Independent contractors are self-employed as their own business entity providing a service for a company rather than becoming a subordinate member of the company. This designation precludes them from receiving benefits like health insurance and paid time off.
Penalties for misclassification
It is essential for a company to review labor laws in Chile to ensure it correctly classifies the independent contractors. Compliance is ultimately the responsibility of the contracting company, and it will need a government-issued certification to transfer that obligation to contractors. If an employee is misclassified as contractor, the company could be liable for labor court fines and other penalties such as back payments for benefits owed. Another potential penalty is that the dismissal of a contractor could be determined void on the grounds of outstanding social security debts. This would result in the company needing to continue paying wages after the date of the dismissal until the outstanding social security debts are fully paid.
How to hire independent contractors in Chile
When hiring independent contractors, it is essential to follow these three guidelines to ensure the process is successful.
1. Carefully conduct interviews.
Interviews with full-time employees often involve questions about character traits because these individuals will contribute to company culture. Independent contractor interviews are more similar to business transactions. The questions should be related to the skills and experience that can contribute to the project, as interest in personality traits may indicate a more permanent relationship.
2. Create a service agreement.
Once a contractor is selected, a company should ensure both parties know what to expect from the business relationship. Create a written agreement that covers the relationship requirements, including:
- Pay rates and arrangements.
- Contractor services provided.
- Contract duration.
- Termination conditions.
Under labor regulations in Chile, the contracting company is also responsible for meeting health and safety requirements and managing workplace risk.
3. Know how to work with independent contractors.
Extensive training can signify employer control over project completion, but the contracting company may offer a brief introduction of the company for the contractors to ensure they have everything they need to meet performance standards. Introduce them to key players in the project and essential workflows.
How to pay independent contractors in Chile
Because contractors are not on employees on payroll, their remuneration should be paid through a separate process. If needed, use a trustworthy money transfer service to securely send funds internationally.
A company’s obligations for withholding tax contributions may depend on the situation. While responsibility for compliance falls on the company by default, it is possible to opt to make the contractor responsible for their own labor and social security requirements with the proper certifications. Discuss these requirements with contractors before signing the service agreement.
Terminating independent contractors
While the type of project can affect the agreement terms, a company should generally have straightforward termination at the end of a set duration or project. However, to avoid any disputes, the contracting company should outline the termination protocols in the contract. This practice can help protect the business from potential legal issues in the future.
Turn to G-P when hiring independent contractors in Chile.
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