Hiring across borders can feel like you’re juggling legal, tax, and payroll chainsaws. If you’re weighing an Employer of Record (EOR) against hiring people directly, this guide breaks it down in plain language. You’ll get the trade-offs, quick decision cues, and real examples without the fluff.
What an EOR Actually Does
An EOR is a company that becomes the legal employer for your team member in a specific country. You still manage the person’s day-to-day work, goals, and culture. The EOR handles the local employment puzzle.
How it works (in real life)
- You pick a candidate in another country.
- The EOR issues a compliant local contract.
- They run payroll, remit taxes, and manage statutory benefits.
- You onboard, manage, and develop the person; the EOR keeps the paperwork clean.
Why teams choose this: it’s fast, it lowers risk, and you can test a market without opening a local entity.
What Traditional Hiring Means Abroad
Traditional hiring is you employing people directly. At home, it’s familiar. Abroad, it usually means setting up a local entity (subsidiary or branch), registering with tax and social agencies, and taking full responsibility for payroll and compliance.
What you’ll own if you go direct
- Company setup: incorporation, registrations, bank accounts.
- Employment contracts, policies, and handbooks.
- Payroll, taxes, benefits, and audits.
- Visas/work permits (when needed).
- Terminations, documentation, and dispute handling.
Why teams choose this: deeper control, custom benefits, long-term footprint, and possible cost advantages at scale.
The Big Picture: Fast Comparison
Speed
- EOR: Days to onboard once the offer is signed.
- Traditional: Weeks or months to stand up an entity and vendors.
Upfront effort
- EOR: Light. Pick a provider and sign paperwork.
- Traditional: Heavy. Legal, banking, payroll, HR policies, ongoing admin.
Control
- EOR: You control the work; the EOR is the official employer.
- Traditional: You control everything, including legal employer status.
Risk
- EOR: Shared and guided by the provider’s local expertise.
- Traditional: You carry regulatory and employment risk directly.
Cost: Where the Money Goes
There’s no universal winner on cost—it depends on headcount, role mix, and how long you’ll be in a market.
With an EOR
- Salary and employer taxes (standard everywhere).
- A monthly fee per employee (sometimes a percentage of payroll).
- Often includes contract templates, payroll, filings, and benefits administration.
With direct hiring
- Setup costs: incorporation, legal, accounting, and registrations.
- Monthly operations: payroll vendor/software, bookkeeping, HR counsel.
- Hidden costs: time delays, internal effort, and penalties if something slips.
Rule of thumb:
- A handful of hires or short-term tests? EOR is usually cheaper and much faster.
- A large, long-term team in one country? Direct hiring can win over time.
Compliance: Staying on the Right Side of the Law
Employment rules vary wildly by country. Getting them wrong is expensive and public.
EOR approach
- Provides compliant contracts and policies.
- Manages taxes, social contributions, and filings.
- Guides you on notice periods, severance, probation, and leave rules.
- Keeps you updated when laws change.
Direct approach
- You (and your advisors) track every local requirement.
- You run payroll correctly, every time.
- You own the termination process and documentation.
Quick checklist to stay safe
- Local contract language and governing law.
- Statutory benefits, contributions, and leave.
- IP assignment and confidentiality clauses.
- Data protection requirements.
- Working time, overtime, holiday pay, and 13th-month salary where applicable.
- Clear, documented termination procedures.
Employee Experience: Does EOR Feel “Second Class”?
It doesn’t have to. You still run onboarding, ship equipment, and connect new hires to your culture. Many EORs support custom benefit top-ups so people don’t feel like outliers.
Make it feel great
- Send branded offers and welcome notes.
- Align benefits as closely as possible with your core team.
- Keep performance, feedback, and recognition consistent across the company.
When an EOR Makes the Most Sense
Use an EOR when you need to move quickly without turning your leadership team into part-time HR generalists.
Good fits
- Testing a new country with 1–20 people.
- Distributed teams with one or two hires in multiple countries.
- Short-to-medium-term commitments or uncertain plans.
- No appetite for entity setup and ongoing local admin.
When Direct Hiring Wins
Go direct when you’re planting a flag and planning to grow.
Good fits
- 20+ long-term hires in one country.
- You want tailored benefits, equity plans, or union engagement.
- Your brand must be the legal employer from day one.
- You have in-house legal, finance, and HR to support the entity.
EOR vs. PEO (Quick Clarifier)
People mix these up. In many places, a PEO is a co-employment model—you’re still an employer of record yourself. An EOR, by contrast, is the legal employer in that country. If you don’t want to open an entity, you’re usually looking for EOR, not PEO.
The Hybrid Play: Best of Both
Lots of companies do both—and it’s smart.
A simple path
- Phase 1: Pilot with EOR. Hire 5–10 people quickly to validate demand.
- Phase 2: Open an entity if it’s working. Shift future hires to direct employment.
- Phase 3: Transition some EOR employees. Keep benefits parity and communicate clearly.
Keep EOR for edge cases
- One-off specialists.
- Short projects.
- Countries where you only need one or two people.
Real-World Scenarios
Startup entering Spain with 3 hires
- EOR: Onboard in days; minimal admin.
- Direct: Incorporation and payroll setup for a tiny team is overkill.Practical pick: EOR.
Scale-up building a 40-person hub in Poland
- EOR: Quick start, but monthly fees add up.
- Direct: Setup work upfront, but better long-term control and costs.Practical pick: Direct hiring.
Consultancy with experts across six countries (1–2 each)
- EOR: One provider, multiple countries, tidy compliance.
- Direct: Six entities for a handful of people is heavy and slow.Practical pick: EOR.
Risks to Watch (and How to Avoid Them)
EOR-side risks
- Provider limitations: Not all providers are equally strong in every country. Ask about in-country expertise and support SLAs.
- Equity handling: Confirm tax treatment, withholding, and reporting for stock options or RSUs.
- Process clarity: Understand off-cycle payments, bonuses, and expense reimbursements.
Direct-side risks
- Compliance drift: Laws change. Assign owners and maintain a compliance calendar.
- Termination missteps: Follow local process to the letter; document everything.
- Payroll errors: Double-check contributions, holiday pay, and overtime rules.
Easy safeguards
- Get country-specific checklists from counsel or your provider.
- Maintain a single “source of truth” for each country’s policies.
- Train managers on probation, performance documentation, and notice.
A Simple Decision Framework
Ask yourself these seven questions. Your answer will usually point to the right path.
- Headcount per country this year?
- 1–10 → EOR leans better
- 20+ → consider an entity
- How fast do you need people?
- This quarter → EOR
- Flexible timeline → either, depending on scale
- Budget horizon:
- Pilot or short-term → EOR
- Long-term hub → direct
- Operational appetite:
- Prefer focusing on product and customers → EOR
- Comfortable running local HR/finance ops → direct
- Benefits complexity:
- Standard packages → either
- Heavy customization or union context → direct
- Brand needs:
- Must be legal employer on paper → direct
- Risk tolerance:
- Prefer shared, guided compliance → EOR
Pricing Models You’ll See (and What to Ask)
EOR
- Per-employee monthly fee or a percentage of payroll.
- Optional add-ons: enhanced benefits, immigration help, equipment logistics.
- Ask for a breakdown of what’s statutory (required by law) vs. discretionary.
Direct
- Upfront: incorporation, legal, accounting, and banking.
- Ongoing: payroll vendor/software, bookkeeping, counsel, audits.
- Ask for total monthly run costs and one-time setup fees, plus timelines.
Good questions either way
- How are bonuses and off-cycle payments handled?
- What’s the process and cost for terminations?
- How are equity grants taxed and reported locally?
- Who supports the employee when something goes wrong?
Implementation Checklist
Before you choose
- Define roles, locations, and start dates.
- Estimate total compensation (salary + employer taxes + benefits).
- Decide on equity and bonus plans.
- Map equipment, security access, and onboarding steps.
If you go EOR
- Review contract templates and IP/confidentiality language.
- Confirm payroll calendars and public holiday schedules.
- Align benefits with your broader philosophy.
- Plan the employee experience: gear, accounts, and first-week plan.
If you go direct
- Line up local counsel and a payroll provider.
- Prepare entity documents and registrations.
- Draft a country-specific handbook and policies.
- Set compliance owners and a quarterly review cadence.
Common Myths—Debunked
- “EOR employees aren’t real employees.” They are—under local law. You direct their work; the EOR holds the legal paperwork.
- “EOR is always cheaper.” Often at the start, not always at scale.
- “Direct hiring always means better culture.” Culture comes from leadership, consistency, and clarity—not the legal wrapper.
- “PEO and EOR are the same.” They’re different models with different obligations.
Quick FAQ
This is general information, not legal advice. Always check your situation with local experts.
Wrap-Up
If speed and simplicity matter most, start with an EOR and focus on building the team. If you’re committing to a country long-term and want deep control, direct hiring is worth the setup. Have a specific country or scenario in mind? Share it
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