Employing domestic staff from overseas

Many people with an international element to their business or their lifestyle choose to employ domestic staff from overseas. Being an employer brings with it a lot of responsibilities that you might be used to in a corporate context, but not in a personal capacity.

The logistics of becoming an employer can seem daunting, but a lot of the difficulties come with making the initial arrangements. At Collyer Bristow, we can provide advice and draft suitable documents to help you to get things set up properly at the outset. Much of the below advice would apply to any employee, but we also highlight some specific rules relating to domestic staff and to overseas workers.

Many people engage domestic staff through an agency. If this is the case, then it may well be that the agency is the employer and not you. There is no straightforward answer to the question of who is the employer, as it will depend on all the facts of your particular arrangement. But if you are paying the agency, rather than the employee directly, then that would suggest that you are not the employer. If you are uncertain, speak to the agency or take specific legal advice…

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