[Owasp-board] proposal for Paulo

dinis cruz dinis.cruz at owasp.org
Sun Jan 23 19:43:42 UTC 2011


Seba, this is more complex than that, since (at least in Europe) once a
contract starts to have certain length, the rules of the game change

For example in the UK there is a specific law (see IR35
http://en.wikipedia.org/wiki/IR35) just to address this situation (i.e.
the government takes the view that if a company hires a 'contractor' for
long periods of time, he/she should be an full time employee) and Portugal
has similar laws

Paulo has done quite a bit of research on this topic, and there are no easy
answers (not sure if you are aware but Paulo has an MBA in Economics (see
http://www.owasp.org/index.php/User:Paulo_Coimbra) so he is actually quite
qualified to look at his own situation, and so far, after speaking to a
number of people, he still doesn't have a good answer).

The PWC are the only ones that seem to have a clue (and seem to understand
the scale of the US/EU/PT inter-relationships), so my recommendation is that
we use their services and see what solution they come up with

Dinis Cruz


On 23 January 2011 14:13, Seba <seba at owasp.org> wrote:

> For people within the US, we can consider both options, contractor or
> employee.
> For people outside the US, I propose to keep this simple and only work on a
> contractor base, where the contractor is him/herself responsible for
> tax/social regulation
>
> In the case of Paulo, if he agrees, we propose a contractor agreement where
> Paulo invoices OWASP on a regular base.
>
> --Seba
>
> On Fri, Jan 21, 2011 at 4:43 PM, Kate Hartmann <kate.hartmann at owasp.org>wrote:
>
>> I apologize, the attachment did not seem to reach everyone.  I have also
>> attached the original offer letter for Paulo.
>>
>>
>>
>> In thinking about this overnight and talking about it out loud, we really
>> have a couple of different issues to resolve.
>>
>>
>>
>> First of all, we have the immediate tasks:  Paulo has moved to Portugal.
>> This means we should modify his payments to comply with whatever changes are
>> necessary for his new country of residence.
>>
>>
>>
>> Then, we need to decide if Paulo is a “contractor” as per the letter of
>> agreement or is an “employee” of OWASP.  This is a tough one.  The subject
>> has come up before and been dismissed (based on the attached letter) for a
>> number of reasons:  insurance, liability, taxes, things like that.  Because
>> OWASP is a US based organization, with no legal foothold in EU, the
>> complexity of securing a full time employee has been daunting.
>>
>>
>>
>> As we grow, globally, I think the issues is larger than simply helping
>> Paulo figure out his tax responsibility in Portugal.  That single task come
>> with the freedom of being a “contractor” and is really based on an
>> individual’s situation.
>>
>>
>>
>> We need to explore this topic in a much larger scope than the immediate
>> need of Paulo and his tax liability in Portugal.  To do this, I recommend we
>> look at teaming with a contractor other than PWC who happens to be the MOST
>> expensive.
>>
>>
>>
>> Is there a less expensive alternative for Paulo to manage his current
>> situation and then we can address the bigger picture with more thought and
>> resources?
>>
>>
>>
>> Kate Hartmann
>>
>> Operations Director
>>
>> 301-275-9403
>>
>> www.owasp.org
>>
>> Skype:  Kate.hartmann1
>>
>>
>>
>> _______________________________________________
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>> Owasp-board at lists.owasp.org
>> https://lists.owasp.org/mailman/listinfo/owasp-board
>>
>>
>
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