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What is an Employer of Record?

An Employer of Record is a company that legally employs someone on your behalf in a country where you have no entity. It runs the contract, payroll and statutory contributions. You direct the work and pay one invoice.

Last verified 15 Jan 2025Next review 15 Jul 2025Methodology

How the model works

An EOR holds an employment entity in the country where your hire lives. You sign a service agreement with the EOR, the EOR signs a local employment contract with the person, and payroll, tax withholding and statutory benefits run through the EOR's entity. You pay one invoice: gross salary, employer contributions, and the EOR fee.

The direction of work stays with you. The EOR carries the employment liability and the filing obligations.

Who uses it

Companies hiring one to twenty people in a country, teams testing a market before committing capital, and organisations that inherited a remote employee through an acquisition. It also suits a fixed term project where an entity would outlive its purpose.

Above roughly twenty employees in one country, the fee stack usually overtakes the cost of your own entity.

EOR vs PEO vs own entity vs contractor

A PEO co-employs alongside your existing local entity, so it does not remove the entity requirement. An own entity gives you full control and the lowest per head cost at scale, at the price of registration, accounting, filings and wind down. A contractor is not an employee at all, and treating one like an employee is the single most common route to a misclassification claim.

What an EOR is responsible for

Local employment contracts and compliant clauses, payroll calculation and filing, employer and employee contributions, statutory leave and benefits, termination process and severance calculation, and record retention. Good providers also handle mandatory insurance and occupational health registration.

What it is not

An EOR is not your tax adviser, not a shield against corporate tax presence, and not a route to employ someone in a country where it has no entity and no partner. It does not take on your intellectual property obligations unless the contract assigns them to you explicitly, which is a clause to check line by line.

How pricing works

Two models dominate: a flat monthly fee per employee, or a percentage of gross salary. Flat fees are easier to forecast. Percentage pricing quietly scales with every pay rise.

The headline fee is rarely the whole cost. Ask about FX markup on the salary conversion, security deposits held against severance, off-boarding fees, minimum terms and charges for expenses processing.

Risks and limits

Partner entities introduce a counterparty you have no contract with. Deposit terms can lock up meaningful working capital. Notice periods in the service agreement sometimes exceed the employee's own notice, leaving you paying for both.

Ask for the entity name, the deposit policy and the exit terms before you compare prices.

When to graduate to an entity

Run the arithmetic when you pass roughly fifteen to twenty employees in a country, when you need to sponsor visas at volume, or when local benefits become a hiring obstacle. Set up usually takes two to four months , so start the comparison a quarter before you expect to cross the line.

Side by side

EOR compared with PEO, own entity and contractor
QuestionEORPEOOwn entityContractor
Local entity requiredNoYesYesNo
Legal employerEORCo-employerYouNobody
Time to first hireDaysWeeksMonthsDays
Cost per head at scaleHighMediumLowLow
Misclassification riskLowLowLowHigh
Visa sponsorshipSometimesSometimesYesNo

Questions

Is an EOR the same as a staffing agency?
No. A staffing agency sources and supplies workers. An EOR employs a person you have already chosen, on your instructions, and has no say in who you hire or what they do.
Who is the legal employer?
The EOR, or its local entity or partner entity, is the legal employer on the contract. You direct the work day to day under a service agreement with the EOR.
Can an EOR sponsor a visa?
Sometimes, and only where it holds an owned entity with the relevant sponsor licence. Partner arrangements rarely support sponsorship, so ask for the entity name in writing.
Does using an EOR create permanent establishment risk?
It reduces payroll and employment risk but does not eliminate corporate tax exposure. Revenue generating activity in a country can still create a taxable presence.
How long does onboarding take?
Typically five to fifteen working days , driven by local registration steps, background checks and how fast the employee returns documents.

Sources

  • OECD employment protection legislation database
  • ILO working conditions country profiles
  • Provider public pricing pages, accessed January 2025
  • National tax authority contribution schedules

Next: country hiring guides or how we score providers.