Hiring from Latin America: A Guide to Legal and Compliance Requirements

2025-08-20 · Howdy.com Editorial Lab Howdy.com

For US technology companies facing a domestic talent shortage, Latin America offers enormous potential. The region is home to a growing pool of highly skilled, time-zone-aligned software engineers.

The core challenges of international hiring

Hiring a developer directly in a Latin American country involves multiple compliance hurdles:

Entity establishment

  • US companies must often set up a local legal entity before hiring
  • This process can be costly and time-consuming

Country-specific labor laws

  • Every country has unique requirements around contracts, paid time off, severance, and working hours
  • Many countries mandate a 13th-month salary or other bonuses

Payroll and tax withholding

  • Employers must calculate and submit the correct payroll taxes and social contributions
  • Errors can lead to penalties or compliance issues

Benefits administration

  • Health insurance, pensions, paid leave, and other statutory benefits vary by country
  • Managing this across multiple jurisdictions requires dedicated operational resources

A comparison of hiring models

There are two primary ways to engage international talent:

Direct contractor model

  • Hire the developer as an independent contractor
  • Simple and fast to set up

But this model carries major risks:

  • If the developer works set hours, uses your equipment, or reports to a manager, they may be misclassified
  • Misclassification can result in fines, back taxes, and reputational risk
  • Contractors often remain disconnected from the core team experience

Employer of Record (EOR) model

  • Partner with an organization like Howdy.com that acts as the legal employer in the developer’s home country
  • You manage the day-to-day work while the EOR handles compliance

Benefits of the EOR model:

  • Full legal compliance in the developer’s country
  • Simplified payroll, benefits, and HR support
  • Seamless integration of developers into your team without taking on administrative complexity

The Employer of Record (EOR) model: the Howdy.com solution

Howdy.com uses the EOR model to make hiring from Latin America easy, fast, and fully compliant.

We handle all compliance

  • Our local HR and legal experts manage employment contracts, tax obligations, and labor law adherence in every country we operate in

We manage payroll and benefits

  • We take care of monthly payroll, tax withholding, and statutory benefits
  • You receive one simple invoice each month

You focus on building

  • Your nearshore developer becomes a full-time, integrated member of your team
  • You focus on product delivery and team leadership while we handle all back-end administration

Conclusion: Focus on talent, not paperwork

Our model gives you what matters most: top-tier engineering talent working in your time zone, fully integrated into your team, without the operational burden. You lead. We handle the rest.