As businesses expand internationally, a common question arises: how do you hire and manage talent in another country without establishing a local company? Three options usually come up — Employer of Record (EOR), Professional Employer Organization (PEO), and Contractors.
An EOR, like Syndesus, serves as the legal employer for your team members abroad. You maintain day-to-day control over their work, while Syndesus manages the local employment side — payroll, benefits, taxes, and compliance. This setup enables U.S. companies to hire in Canada without navigating the complexities of Canadian labour law or establishing a local entity.
A PEO operates differently. It’s typically used within a company’s home country and involves co-employment, meaning HR duties are shared between the business and the PEO. Unfortunately, this co-employment model does not exist in Canada, but there are hybrid solutions similar to PEO such as Syndesus’ Canada CoPilot service.
Hiring contractors may seem faster and cheaper, but it carries risks — particularly around worker classification, employment compliance and tax compliance. If a contractor relationship looks too much like employment, it can create legal and financial exposure. Some questions to ask yourself to help avoid misclassification and penalties include:
- What was the intent of the parties? Did you intend to enter into a contract of service (employer-employee relationship) or did you intend to enter into a contract for services (business relationship)?
- Is he or she given instructions, supervised, controlled or subject to discipline?
- Is he or she told what to do, how to do it and when to do it?
- Does the person perform work normally or previously performed by an employee?
- Does the person use tools, space, supplies and equipment that you own?
- Is the worker’s income always the difference between the cost of providing the service and the price charged for the service? If so, the worker may not be an employee.
- Is the person at risk of losing money if the cost of doing a job is more than the price charged for it? If not, this would indicate an employment relationship.
- Does the person receive regular payments of regular amounts, regardless or customer satisfaction or customer payment? This would indicate an employment relationship.
For U.S. firms expanding into Canada, an EOR model strikes the right balance between flexibility, compliance, and control.
At Syndesus, we help businesses onboard Canadian professionals in days, not months — ensuring every aspect of employment is compliant and seamless with reliable customer service and accountability.