Question:
I own a small web design conpany and am on good term with exploited Indian
contractors. Now one of them has asked me whether I could get them a work
permit, so they could get a contracting job and we'd split 30/70.
In theory this sounds hunkydory but
I assume I would have to give them a job?
and presumably have to pay them while they were looking for a contract?
Although we could have a gentlemen agreement and not pay until a contract is
found.
Would the home office allow this setup ie: working for me but sending them
to another premises?
If not how do the non national programers in the country fill in indemand
contracting jobs?
Do they have to apply for a work permit for each contracting job?
more questions.....
I also assume the contract would be with my company and the agency who finds
the contract?
If the contactor buggered of we would be buggered?
How does is work with one man limited companies, if they bugger off half way
through a contract is the limited company liable?
Answer:
First off, the fact that you have to ask, and a n.g. no less, means that you
shouldn't be doing this.
Effectively you would be a body shop, you would have to employ the person
and probably prove that you couldn't hire within Europe even with the fast
track scheme in place. You would have to pay the minimum wage at least, of
course you can always have a gentleman's agreement. You would be
responsible (you are a director after all) and liable for the conduct of
your employee. Limited companies are only limited to the extent of their
liabilities if they go bust, if you break a contract that you as a director
of the company has entered into you could be sued for damages.
Don't get involved. I have a friend who tried this some time ago and set up
an agency to do it. He'd take care of all the paperwork, fly the guys over
and find somewhere for them to stay and pay them until they got a contract,
all at the expense of his company. The payback would be a larger than
average markup on their rates. He got shafted by a group of them who, once
here, realised they could do better going through a regular agency and
buggered off leaving my mate seriously out of pocket. Once they're here
there's nothing that ties them to you.
Yes, I was thinking of doing the same thing for my little brother who will
graduate this summer.
He cannot find what he wants to do back home because of software piracy or
lack of software development companies.
I want to employ him as a trainee programmer in my company (trainee work
permit).
Probably I can get him in for a year.
After that he might want to quit and work for other companies.
It all depends on the IT situation in here. ATM I see no good reason for him
to come. Bad timing.
market is so saturated. When will it get better? God knows