This article is for entrepreneurs and creatives alike. There is no doubt on the importance of having active entrepreneurs and creatives in our society. With that said, there are many choices that need to be made on your journey as a business owner. One of these decisions is whether or not to hire a freelancer. The same goes for the creatives out there – if you are an artist, a graphic designer or a photographer, you probably want to know what the consequences and the legal differences are between working full-time or freelancing. I have written this article to highlight the most common questions about freelancing in Kuwait. Before I can do that though, let’s define full-time, part-time and freelance work.
Full-time: A full-time job is when your time is dedicated to one job entirely, usually 40-48 hours a week.
Part-time: Although there is no definition for part-time jobs in Kuwait, a part-time job is of 4 hours a day.
Freelancing: Is when you are hired to complete a task for a specified amount of money.
Hiring a freelancer
Question 1: Should I hire talent through service providers or hire a freelancer? What should I watch out for from a legal perspective for both options?
Fajer: Deciding how or who to hire can be very tricky, but at the end of a day, it’s a purely business decision that I should not really interfere with as a lawyer. But I can assist with things to keep any eye out for as a small business when making those decisions. There are a few options to look at:
- Acquiring services through a specialized firm: If you need to hire a specialized firm, you need to be careful with the agreement that you sign. Many startups make the mistake of not signing an agreement with a service provider that includes detailed information of what they need, like how many hours of services, the exact services needed or expertise required. For example, let’s say you are looking to hire a company for developing a mobile application. It is important to specify if the development will be for Google Play or the App Store. My advice is to be as detailed as you can.
- Freelancer: Hiring a freelancer can be both positive and negative at the same time. With freelancers, you will be able to get work devotion at a very low cost, but many legal issues arise. Things to watch out for is how to make sure this person is liable for submitting the work required, and how to avoid a legal employment relationship where the startup may be responsible for employment responsibilities and obligations towards the freelancer.
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By Attorney Fajer Ahmed