When can an Employee start working?



Modified on: Mon, 29 Dec, 2025 at 5:55 PM


To ensure compliance with local labor laws and social security regulations, an employee’s employment agreement must be signed and effective before work begins.

This is a standard requirement in an Employer of Record (EOR) arrangement and helps ensure the employee is properly registered and protected from day one. For specific information on start dates, please refer to What is the earliest Start Date for employees?

Why This Matters
In many countries, employees must be registered with local authorities before their first working day. These registrations may include:

  • Social security and tax authorities
  • Mandatory health, pension, or unemployment schemes
  • Statutory insurance coverage


These steps are directly linked to the employment agreement. Without a signed agreement, the required registrations cannot be completed, which may create compliance risks.

Backdating Employment Agreements
In some countries, employment agreements may be backdated when local law explicitly allows it. In these cases, our Onboarding team will review the situation and support the process where possible.

In countries where backdating is not permitted, the employment agreement must take effect before any work begins. In these jurisdictions, employees cannot under any circumstances start working without a valid, signed agreement.

Where backdating is not allowed, the employee’s official start date must align with the date the agreement becomes effective.

What Is Considered “Working”?
For compliance purposes, “working” includes any activity performed for the role, such as:

  • Completing assigned tasks
  • Delivering outcomes or results
  • Attending onboarding sessions, trainings, or internal meetings
  • Providing services, input, or support in any form

Even preparatory, informal, or unpaid activities may be considered work under local labor laws.

What Happens If an Employee Starts Working Too Early?
Starting work before a valid employment agreement is in place can lead to several issues, depending on the country:

  • Regulatory non-compliance, including failure to register the employee on time with local authorities
  • Penalties or fines imposed by labor, tax, or social security authorities
  • Lack of mandatory insurance coverage, which may expose the employee and employer to risk in case of illness, injury, or claims
  • Employment law disputes, including uncertainty around employment status, wages, or benefits
  • Operational delays, as onboarding steps may need to be paused or corrected retroactively

These risks apply even if the work was brief, informal, or done with good intentions.

How We Support the Onboarding Process
Our onboarding team works closely with you to:

  • Confirm whether backdating is allowed in the employee’s country
  • Prepare a locally compliant employment agreement
  • Complete mandatory registrations and insurance coverage on time
  • Ensure the employee’s start date is legally valid

If flexibility around the start date is needed, or if there is uncertainty about what is permitted in a specific country, please contact the onboarding team before any work begins.

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