Quick explainer: This article explains how to confirm a new hire's legal right to work in their country. It outlines the differences between Direct Employee (where your company checks eligibility) and EOR Employee (where Outstaffer handles it), and details five eligibility options, including assistance with securing work permits.
Employment Eligibility Overview
As part of the hiring process on the Outstaffer Platform, the Employment Eligibility step ensures compliance with legal requirements for your new hire. You will select one of five options based on the employee’s work authorization. Depending on whether you choose Direct Employee or EOR Employee, either your company or Outstaffer will handle the verification process.
- Direct Employee: Your company is responsible for verifying eligibility unless you select options 4 or 5, in which case Outstaffer will handle this for you. You’ll be using our HR Plans for Direct Employees.
- EOR Employee: Outstaffer takes full responsibility for all eligibility verifications. You’ll be using our EOR Plans for EOR Employees.
Employment Eligibility Options
Option |
Description |
Direct Employee |
EOR Employee |
They’re a citizen |
The hire is a citizen of the country where they will work. |
Your company verifies citizenship to confirm eligibility. |
Outstaffer verifies citizenship. |
They are or will be a permanent resident |
The hire is or will become a permanent resident of the country where they will work. |
Your company verifies permanent residency documents. |
Outstaffer handles permanent residency verification. |
They are or will be a temporary resident |
The hire is or will become a temporary resident with work authorization. |
Your company verifies the hire has a valid visa or work permit. |
Outstaffer checks for valid temporary residency and documentation. |
Not sure, I’d like a pre-hire assessment |
Unsure of the hire’s eligibility status? Outstaffer will perform an assessment. |
Outstaffer will conduct the assessment on your behalf. |
Outstaffer performs the assessment and provides a quote if further action is needed. No employment agreement is signed until confirmed. |
I would like Outstaffer to assist with obtaining the right to work |
The hire does not yet have work eligibility, and you require assistance securing documentation. |
Outstaffer will handle the process to secure the necessary work permits or visas for the employee. |
Outstaffer secures work permits or visas and provides a quote for this service. No employment agreement is signed until eligibility is confirmed. |
Important Considerations
- Direct Employee: If you select options 4 or 5, Outstaffer will handle employment eligibility checks and provide a quote if necessary.
- EOR Employee: Outstaffer handles all work eligibility checks and documentation. If options 4 or 5 are selected, we will provide a quote for securing the necessary documentation, and no employment agreement will be signed until eligibility is confirmed.
HR Plans vs. EOR Plans
The type of plan you use depends on whether you choose to hire a Direct Employee or an EOR Employee. HR Plans are for companies that have their own legal entity and want to manage employment under their own structure, while EOR Plans allow Outstaffer to act as the legal employer, taking on compliance, payroll, and employment eligibility responsibilities.
How Outstaffer Helps Ensure Compliance
The Employment Eligibility step ensures that your new hire is legally eligible to work in their country of employment. Whether they are citizens, residents, or need work authorization, Outstaffer provides a streamlined process to help ensure compliance with local labor laws.