What Is an Employer of Record?
An Employer of Record (EOR) is a company that legally employs workers in a country on your behalf.
Here is the simplest way to understand it.
You find someone you want to hire in, say, the Philippines. But you do not have a company registered there. You cannot legally put them on payroll, pay their taxes, or provide the social security contributions that local law requires.
An EOR already has a registered legal entity in that country. They hire your person through their entity, handle the contracts, payroll, tax withholding, and social security registration. Your employee works for you in every practical sense. They report to you, do your work, follow your processes. But on paper, the EOR is the legal employer.
You pay the EOR a single monthly invoice that covers the employee's salary, all mandatory contributions, and a management fee. They handle everything else.
This is sometimes called a "tripartite relationship" because three parties are involved:
- You (the client company) direct the employee's daily work
- The EOR (the legal employer) handles contracts, payroll, tax, and compliance
- The employee works under your management but is legally employed by the EOR
The result is that you can have a full-time employee in another country within days, without registering a company, opening a bank account, or figuring out local labor law yourself.
How Does EOR Actually Work?
Let's walk through what happens from the moment you decide to hire someone through an EOR.
- Step 1: You identify who you want to hire. You can recruit them yourself, use your own hiring process, or ask the EOR to help with sourcing. Either way, you decide who joins your team.
- Step 2: The EOR drafts a compliant employment contract. This contract follows the labor laws of the employee's country. It covers compensation, working hours, leave entitlements, notice periods, and termination terms. The EOR makes sure the contract is legally sound, but you define the role, responsibilities, and salary.
- Step 3: The EOR registers the employee with local authorities. Depending on the country, this means enrolling them in social security, health insurance, pension schemes, and tax systems. In Indonesia, that means registering with BPJS (social security) and setting up PPh 21 (income tax withholding). In the Philippines, it means SSS, PhilHealth, and Pag-IBIG. Every country has its own set of mandatory programs.
- Step 4: Payroll runs monthly. The EOR calculates gross salary, deducts employee contributions and income tax, pays the employee's net salary, and remits all employer contributions to government agencies. You receive a single invoice covering everything.
- Step 5: Ongoing compliance. Employment law changes. Tax rates get updated. Minimum wages go up. Mandatory bonuses come due (like THR in Indonesia before Ramadan, or 13th month pay in the Philippines before Christmas). The EOR tracks all of this and adjusts accordingly.
The whole onboarding process typically takes 3 to 5 business days from signed agreement to the employee's start date. Compare that to 2 to 6 months for setting up your own foreign company.
What Services Does an EOR Provide?
The core service is legal employment and compliance. But in practice, a good EOR handles a broad range of things that would otherwise fall on you:
1. Employment contracts
Drafting, reviewing, and maintaining contracts that comply with local labor law. This includes making sure contract types are correct (many countries distinguish between fixed-term and permanent contracts, each with different rules).
2. Payroll processing
Calculating salary, tax withholding, social security deductions, and any mandatory bonuses. Disbursing pay on schedule in local currency.
3. Tax compliance
Withholding and filing income tax on behalf of the employee. Providing tax documents the employee needs for their own filings. Meeting government reporting deadlines.
4. Social security and benefits administration
Registering employees with mandatory programs (health insurance, pension, work accident insurance, etc.) and making all required contributions on time.
5. Leave management
Tracking annual leave, sick leave, maternity/paternity leave, and public holidays according to local requirements.
6. Termination support
If you need to end the employment relationship, the EOR ensures it is done legally. This matters a lot in countries with strong employee protections where wrongful termination can lead to significant financial penalties.
7. Work permits and visas
Some EORs (including RecruitGo) can sponsor work permits for foreign nationals. This is a separate process from employing local nationals and involves additional government approvals.
What the EOR does not do is manage your employee's work. You set the goals, assign the tasks, run the meetings, and evaluate performance. The EOR handles everything that local law requires of an employer. You handle everything that makes the person productive on your team.
When Does Using an EOR Make Sense?
EOR is not the right solution for every situation. Here is an honest breakdown of when it works well and when you should consider alternatives.
EOR is a strong fit when:
A. You are hiring a small number of people in a new country
If you need 1 to 15 employees, setting up a legal entity is almost always more expensive and slower than using an EOR. The math changes at higher headcounts, but for small teams, EOR is the practical choice.
B. You want to test a new market before committing
Maybe you are exploring whether Indonesian developers or Philippine customer support teams fit your business. An EOR lets you hire a few people, evaluate the market, and scale up or exit without the sunk cost of company registration.
C. You need someone hired quickly
EOR onboarding takes days. Company registration takes months. If timing matters, EOR is the way to go.
D. You have a remote team member in another country
One of your existing employees relocates, or you find a great candidate who happens to be in a country where you do not have an entity. EOR lets you employ them legally without building infrastructure for a single person.
E. You are running a project-based engagement
If you need a team for 6 to 18 months and do not plan to maintain a permanent presence, EOR gives you a clean entry and exit.
Consider setting up your own entity when:
You plan to hire 20 or more people in one country
At a certain headcount, the cost of your own entity becomes lower per employee than EOR fees. That breakeven point varies by country, but it is usually somewhere around 15 to 25 employees.
You need physical infrastructure
If you need office space, a warehouse, or manufacturing facilities, you typically need your own entity to sign leases and operate.
You are in a regulated industry that requires local licenses
Banking, insurance, mining, and some professional services require specific government licenses that can only be held by a locally registered company.
You want to own local intellectual property or assets
IP ownership through an EOR arrangement can get complicated. If you are developing significant IP in-country, your own entity gives you cleaner ownership.
Long-term strategic commitment
If a country is central to your business strategy and you plan to be there for many years with a growing team, your own entity gives you more control and flexibility over time.
Many companies start with EOR and transition to their own entity later. A good EOR can manage that transition, including transferring employees, novating contracts, and ensuring there are no gaps in compliance.
What Does EOR Cost?
EOR pricing has two components: the cost of employing the person (which you would pay regardless of whether you use an EOR), and the EOR's management fee.
Employee cost
This is the employee's gross salary plus all mandatory employer contributions required by local law. These contributions vary significantly by country:
| Cost Component | What It Covers | Typical Range |
|---|---|---|
| Gross salary | What you agree to pay the employee | You define this |
| Social security / health insurance | Government-mandated programs (employer portion) | 8% to 20% of salary |
| Pension / retirement contributions | Mandatory savings or pension (employer portion) | 2% to 10% of salary |
| Mandatory bonuses | 13th month pay, holiday bonuses, etc. | 0% to 8.33% of salary (monthly provision) |
| Severance provisions | Reserve for termination costs | 0% to 8% of salary |
The total "loaded cost" of an employee (salary plus all mandatory contributions) is typically 120% to 145% of the gross salary, depending on the country and specific circumstances.
For example, in Indonesia, hiring someone at IDR 15 million per month (roughly USD 940) costs approximately IDR 19.5 to 20.5 million per month when you add BPJS contributions, THR bonus provisions, and severance reserves. That is about 130% to 137% of the gross salary.
EOR management fee
This is what the EOR charges for their service. Pricing models vary:
- Flat fee per employee per month: This is the most common and transparent model. Fees typically range from USD 199 to USD 599 per employee per month, depending on the country and provider.
- Percentage of salary: Some providers charge a percentage of the employee's salary instead of a flat fee. This can get expensive for higher-paid employees.
- Bundled pricing: Some providers include the management fee in the total invoice without breaking it out separately. This makes comparison harder.
The most important thing to look for, however, is transparency. You should be able to see exactly what you are paying for: gross salary, each statutory contribution by name and rate, any provisions (like severance or mandatory bonuses), and the EOR's fee. If a provider cannot break this down for you, that is a red flag.
Want to see the exact cost for a specific country? Use our employment cost calculators:
Indonesia Employment Cost Calculator →
Philippines Employment Cost Calculator →
EOR vs Other Hiring Models
EOR is one of several ways to hire internationally. Here is how it compares to the main alternatives.
EOR vs Setting Up Your Own Entity
Setting up a foreign subsidiary (like a PT PMA in Indonesia or an SEC-registered corporation in the Philippines) means you become the direct employer. You have full control, but you also take on full responsibility.
| Factor | EOR | Your Own Entity |
|---|---|---|
| Time to first hire | 3 to 5 business days | 2 to 6 months |
| Setup cost | None | USD 5,000 to 20,000+ |
| Minimum capital | None | Varies (IDR 10 billion for Indonesian PMA) |
| Ongoing admin | Handled by EOR | Your responsibility (or outsourced) |
| Compliance risk | EOR's responsibility | Yours |
| Control | You manage the work; EOR handles legal employment | Full control |
| Best for | 1 to 15 employees, speed, flexibility | 20+ employees, long-term commitment |
The decision usually comes down to scale and timeline. EOR is faster and simpler. Your own entity gives you more control at higher volumes.
Some countries have specific rules that make this decision even clearer.
In the Philippines, for instance, foreigners can only own up to 40% of most companies as per their Negative Investment List (the "60/40 rule"). That single restriction pushes many companies toward EOR because structuring around the ownership cap adds significant complexity and cost.
EOR vs Hiring Contractors
Hiring independent contractors is the quickest way to get someone working for you internationally. No entity, no EOR, just a service agreement and an invoice.
The problem is classification risk. Most countries have clear rules about what makes someone an employee versus an independent contractor. If the person works set hours, uses your tools, reports to your managers, and does work that is core to your business, they are almost certainly an employee under local law, regardless of what the contract says.
Getting this wrong is expensive. Penalties typically include backdated social security contributions, unpaid tax withholding, fines, and in some cases, the contractor being deemed a permanent employee with full severance rights.
EOR eliminates this risk entirely. The person is properly employed from day one, with all the legal protections and obligations that come with it.
Use contractors when the relationship is genuinely independent: project-based work, defined deliverables, the person sets their own schedule and works for multiple clients. Use an EOR when you want someone functioning as part of your team on an ongoing basis.
EOR vs PEO
A Professional Employer Organization (PEO) is similar to an EOR in that it handles HR and payroll. The key difference is that a PEO typically requires you to already have a legal entity in the country. The PEO "co-employs" your workers alongside your entity.
If you do not have an entity in the country (which is the most common scenario for companies hiring internationally), a PEO is not an option. You need an EOR.
If you do have a local entity but want to outsource HR administration, a PEO might make sense. But for most companies expanding into new markets, EOR is the starting point.
Quick Comparison
| Factor | EOR | Contractor | PEO | Own Entity |
|---|---|---|---|---|
| Need your own entity? | No | No | Yes | Yes |
| Compliance handled? | Yes | No | Partially | No |
| Time to start | Days | Immediate | Weeks | Months |
| Classification risk | None | High | Low | None |
| Employee protections | Full | None | Full | Full |
| Best for | No entity, 1-15 people | Truly independent work | Entity exists, need HR help | Scale, long-term |
Is EOR Legal?
Yes. EOR is a well-established, legal employment model used by thousands of companies worldwide.
Some people assume that EOR pretends to be employer or creates sort of a shell arrangement. In reality, they are the actual legal employer, registered with local authorities, filing taxes, making social security contributions, and complying with labor law. The employee has a real employment contract with a real company that has a real presence in the country.
Some people confuse EOR with labor-only contracting or staffing arrangements that exist in a legal gray area. These are different things.
Labor-only contracting (where a company supplies workers without being a substantial employer) is restricted or prohibited in many countries. An EOR is a full employer with its own entity, management, and compliance infrastructure.
That said, the regulatory treatment of EOR varies by country.
In some countries, the model is explicitly recognized. In others, it operates under general employment law without specific EOR legislation.
A good EOR understands the legal framework in each country where they operate and structures their arrangements accordingly.
How to Choose the Right EOR Provider
Not all EOR providers operate the same way. Here are the things that actually matter when evaluating providers.
1. Own entity vs sub-partners
This is the most important question to ask. Does the EOR have their own legal entity in the country, or are they sub-contracting to a local partner?
When a provider uses sub-partners, you are adding another layer between you and your employee. The EOR you are paying is actually a middleman. Your employee's legal employer is a company you may have never heard of.
This creates risks around quality control, communication speed, and data security.
Providers with their own entities such as RecruitGo have direct control over compliance, payroll processing, and employee support. They can resolve issues faster because there is no third party in the middle.
Ask directly: "Do you have your own registered legal entity in the country, or do you work through a local partner?" If they dodge the question, that tells you something.
2. Pricing transparency
You should be able to see a line-by-line breakdown of every cost: gross salary, each statutory contribution (by name, rate, and amount), any provisions, and the management fee. If the provider only gives you a lump sum "total cost" without this breakdown, you cannot verify what you are paying for.
3. Local knowledge vs global scale
Some providers cover 150+ countries but rely on a patchwork of partners in most of them. Others focus on a smaller number of countries where they have deep expertise and their own operations.
For the countries where you actually plan to hire, deep local knowledge matters more than broad country coverage.
You want a provider whose team knows the specific regulations, can advise on contract types, understands local customs around compensation and benefits, and can resolve issues without escalating to a partner in another time zone.
Global scale is something which matters when you actually want to have employees in all those countries. Otherwise, it's just a marketing tactic to seem more reliable, often handled through 3rd parties (small local companies or other EOR providers offering services in those countries).
4. What 'compliance' actually means
Every EOR provider says they handle compliance. But compliance is not a checkbox. It means:
- Filing the right tax forms by the right deadlines
- Paying social security contributions at the correct rates to the correct agencies
- Keeping employment contracts updated when laws change
- Calculating mandatory bonuses correctly (13th month pay, THR, Christmas bonus etc.)
- Managing termination properly when it happens
Ask the provider to walk you through how they handle a specific scenario, like terminating an employee or processing a mandatory bonus. The depth of their answer tells you a lot about the depth of their operations.
Questions to ask any EOR provider
- Do you have your own legal entity in this country?
- Can you show me a line-by-line cost breakdown for a sample employee?
- How do you handle terminations and what does that cost?
- How quickly can you onboard a new employee?
- Who is my point of contact and where are they located?
- What happens if I want to transition to my own entity later?
- How do you stay current with regulatory changes?
EOR by Country: What Changes Where?
The EOR model works the same way everywhere, but the details change significantly by country. Employment law, tax rates, social security programs, mandatory benefits, and termination rules are all country-specific.
Here is a quick overview of how key factors differ across some of the popular markets where foreign companies hire remote teams:
| Factor | Indonesia | Philippines | Vietnam | Thailand | Malaysia |
|---|---|---|---|---|---|
| Typical time to hire | 3-5 days | 3-5 days | 5-7 days | 5-7 days | 5-7 days |
| Total employer cost loading | ~130-137% | ~115-125% | ~125-135% | ~120-130% | ~115-125% |
| Mandatory bonus | THR (1 month, before Ramadan) | 13th month pay (before Dec 24) | 13th month (Tet bonus is customary) | Social Security Fund | None (but common practice) |
| Key social security | BPJS (6 programs) | SSS + PhilHealth + Pag-IBIG | SHUI (Social Insurance) | SSF (Social Security Fund) | EPF + SOCSO + EIS |
| Termination complexity | Very high (pesangon) | High (just/authorized cause) | Moderate | Moderate | Moderate |
| Primary talent pool | Tech, digital, finance | BPO, customer support, admin | Manufacturing, tech | Tourism, digital, shared services | Finance, tech, shared services |
These are general indicators. The actual cost and process depend on the specific role, salary level, contract type, and industry.
Common Concerns About EOR
"Will my employee feel like they work for a different company?"
In practice, no. Your employee works on your projects, reports to your managers, uses your tools, and is part of your team culture. The EOR relationship is administrative. Most employees understand the arrangement and are comfortable with it, especially since it gives them the security of formal employment with full benefits and protections.
"What about intellectual property?"
This depends on the employment contract. A well-structured EOR contract includes IP assignment clauses that transfer any work product to you (the client). Make sure this is explicitly covered in the contract, and check that it aligns with local IP law. In most jurisdictions, IP created during employment belongs to the employer by default, but explicit contractual language is always better.
"Can I promote my EOR employees or change their compensation?"
Yes. You decide on raises, promotions, role changes, and bonuses. You communicate these to the EOR, and they amend the employment contract and payroll accordingly. The EOR adjusts the compliance side (updated tax withholding, any changes to social security contributions) to match the new terms.
"What if the EOR goes out of business?"
This is a risk, which is why provider stability matters. Ask about the EOR's financial health, how long they have been operating, and what their contingency plans are. In a worst-case scenario, employees would need to be transferred to another EOR or to your own entity. A reputable provider will have continuity plans in place.
"Can I convert from EOR to my own entity later?"
Yes, and this is a common path. Many companies start with EOR to get operational quickly, then set up their own entity once the team reaches a size where it makes financial sense. A good EOR will help with the transition, including transferring employee contracts, ensuring continuity of benefits and social security, and handling the administrative handover.
Frequently Asked Questions
Get quick answers to common questions about employer of record (eor): complete guide for companies hiring internationally in 2026
QHow much does an EOR cost?
Your total cost includes the employee's salary, mandatory statutory contributions (typically 15% to 45% on top of salary depending on the country), and the EOR management fee (usually USD 199 to 599 per employee per month).
QHow fast can I hire through an EOR?
Most EOR providers can onboard a new employee in 3 to 7 business days. This assumes the employee has all required documents ready. Compare this to 2 to 6 months for setting up your own foreign entity.
QIs it legal to hire through an EOR?
EOR is a well-established employment model. The EOR is a registered legal employer that complies with all local labor laws, tax obligations, and social security requirements.
QWhat is the difference between EOR and outsourcing?
With EOR, you hire and manage your own people. They are your team members who happen to be legally employed through the EOR's entity. With outsourcing (like BPO), you are hiring a service provider who uses their own people to deliver a function. You manage the output, not the individuals.
QWhat happens when I want to terminate an EOR employee?
You communicate the decision to the EOR, and they handle the termination process in compliance with local law. This includes notice periods, severance payments, final salary calculations, and deregistration from social security. Termination rules vary significantly by country; in some (like Indonesia), severance obligations can exceed 15 months of salary.
QCan an EOR hire contractors for me?
EOR is specifically for employees, not contractors. If you need independent contractors, you would engage them directly under a service agreement. However, if the working relationship looks like employment (set hours, ongoing work, manager oversight), you should use an EOR to avoid misclassification risk.
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Sarah Ribeiro specializes in global employment law and EOR solutions. With years of experience in the industry, they help businesses navigate the complexities of international hiring.

