Employer of Record

Employer of Record (EOR) is a third-party organization that formally acts as the employer of a workforce on behalf of another company. The EOR assumes responsibility for legal and administrative employment tasks, such as payroll, taxes, benefits, and compliance with local labor laws. While the EOR handles these formalities, the client company oversees the daily activities and work of the employees. This arrangement is often used by companies wishing to employ workers in regions where they do not have a registered legal entity.

Function

An Employer of Record is responsible for handling various employment-related administrative functions. These responsibilities typically include processing payroll, withholding and remitting taxes, managing benefits, and ensuring compliance with local labor regulations. The EOR serves as the formal employer for legal purposes, while the client company retains control over the day-to-day management of the workers.

EOR services are frequently utilized by companies that seek to employ workers in countries where they do not have a local subsidiary. The EOR allows businesses to operate in foreign markets by ensuring that all employment practices comply with local laws. The arrangement also allows companies to avoid the complexities of setting up and maintaining a legal entity in each jurisdiction where they wish to hire employees.

Applications

Employer of Record services are commonly used by organizations that need to hire employees in foreign markets or in regions where they lack a legal presence. This arrangement enables businesses to hire workers in different countries without having to establish a legal entity in each jurisdiction. EORs are also used for managing remote workforces, especially in industries where remote work is common.

The EOR assumes responsibility for compliance with local labor laws, which vary between countries and can involve significant regulatory complexity. By managing these legal obligations, the EOR mitigates the risks that companies face when hiring employees across borders.

Comparison with Professional Employer Organization

EOR services are sometimes compared to those provided by a Professional employer organization (PEO). While both models involve outsourcing certain employment responsibilities, there are key differences. In a PEO arrangement, the PEO and the client company share employment responsibilities through a co-employment model. The PEO typically manages payroll, benefits, and other human resources functions, while the client company directs the employees' daily work activities.

In contrast, an EOR acts as the sole legal employer of the workers, taking full responsibility for compliance with labor laws, tax filings, and the provision of benefits. The client company continues to manage the day-to-day work of the employees, but the EOR handles all administrative and legal obligations.

Legal and compliance responsibilities

EORs take on the responsibility for ensuring that all employment practices comply with local regulations. This includes adherence to labor laws, tax obligations, and statutory benefits such as health insurance or retirement plans. The EOR also manages employment contracts and ensures that all legal requirements related to employee protections and workplace regulations are met.

Labor laws in many countries can be complex, with non-compliance potentially resulting in legal or financial penalties. An Employer of Record (EOR) assumes responsibility for compliance with these regulations, helping companies that may lack expertise in local labor laws or resources for managing these obligations.

Industry usage

EOR services are used across a variety of industries, particularly in sectors where remote work or international expansion is common. For example, technology companies often use EOR services to hire developers or engineers in multiple countries without needing to set up separate entities in each region. Similarly, healthcare providers may use EORs to manage employment in regions with regulatory environments they lack knowledge of, while maintaining focus on their core operations.

Employer of Record (EOR) services have become more common with the growth of remote work and global workforce expansion. These services enable companies to hire employees in various countries while managing the associated legal and administrative requirements.

Challenges

While Employer of Record (EOR) services can simplify certain employment processes, they may also present challenges. The cost of using an EOR may be higher than direct employment, particularly for companies that already have a legal presence in the region. Additionally, outsourcing employment tasks to an EOR may limit the client company’s involvement in some human resources functions, such as selecting benefits or managing compliance.

In some jurisdictions, local labor laws may still require the client company to be involved in compliance, even when an EOR is used. This can require coordination between the EOR and the client to ensure all legal obligations are met.

History

The Employer of Record (EOR) model was introduced to allow businesses to manage employment in international markets without the need to establish a legal entity in each location. The increase in remote work and globalization has been associated with greater use of EOR services. According to the Global Employer of Record Study 2024, the EOR market has grown as companies seek to hire employees internationally while adhering to varying labor regulations.

See also

• Agency worker law
• Alternative Employer Organization
• Business process outsourcing
• Contingent workforce
• Globalization
• Labor law
• Outsourcing
• Professional employer organization