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HR technology and service models

What is an employer of record (EOR)?

A plain-English definition of employer of record, how it works, a worked example, and the mistakes US employers make, checked against primary sources.

HRTally Research Team
Updated October 25, 2026 · 7 min read · Editorial standards
Definition

An employer of record, or EOR, is a company that legally employs workers on behalf of another business, handling local contracts, payroll, taxes, benefits, and compliance. It lets a company hire full-time employees in countries or states where it has no legal entity, while the company directs their daily work.

Key takeaways

  • An EOR is the legal employer; the client manages the work.
  • EORs are most common for international hiring without setting up a local entity.
  • They handle local employment contracts, statutory benefits, payroll, and terminations under local law.
  • Pricing is usually a monthly fee per employee, plus the employee's salary and employer costs.

How employer of record works

The client picks a candidate and agrees on salary. The EOR issues a locally compliant employment contract, registers the employee with tax and social security authorities, runs payroll, pays statutory benefits, and provides any required insurance. The client sets goals and manages the employee like any other team member, and the EOR invoices the client monthly.

When the relationship ends, the EOR handles termination under local rules, which in many countries include notice periods, severance, and approval processes far stricter than US at-will employment.

An EOR differs from a PEO. A PEO co-employs staff where you already have an entity. An EOR is the only legal employer, which is why it works where you have no presence at all.

Employer of record example

A Chicago SaaS company wants to hire a senior engineer in Portugal. Setting up a Portuguese entity would take months and require local accounting. Instead, it uses an EOR. The engineer signs a Portuguese employment contract with the EOR, receives the mandatory holiday allowances, and is paid in euros. The company pays the salary, employer social security contributions, and the EOR's monthly fee, and manages the engineer's work directly.

Why employer of record matters for employers

EORs make global hiring possible for companies without international infrastructure, and they reduce the risk of misclassifying overseas workers as contractors. They're usually more expensive per head than having your own entity, so companies with many employees in one country often switch to an entity later.

Choosing a provider matters: coverage by country, whether the EOR owns local entities or uses partners, benefits quality, and support response times all vary. Compare options in our EOR and global payroll guide and Deel alternatives.

Common employer of record mistakes to avoid

Using contractors instead of employees abroad

Misclassification penalties abroad can be severe. An EOR avoids the risk.

Ignoring local termination rules

Ending employment abroad usually requires notice and severance.

Comparing only the monthly fee

Include employer social costs, benefits, and currency fees.

Staying on an EOR too long

With enough employees in one country, your own entity may be cheaper.

Employer of record: questions people also ask

What does an employer of record do?
It legally employs workers on another company's behalf, handling contracts, payroll, taxes, benefits, and compliance.
What is the difference between an EOR and a PEO?
An EOR is the sole legal employer and works where you have no entity. A PEO shares employment with you where you already have an entity.
How much does an EOR cost?
Most charge a fixed monthly fee per employee, plus the employee's salary and statutory employer costs.
Can I use an EOR in the US?
Yes. Some companies use EORs to hire in US states where they aren't registered.
Is an EOR the same as a staffing agency?
No. A staffing agency finds and supplies workers. An EOR employs workers you've chosen.

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How we wrote this definition

HRTally glossary entries are written by people who have run US payroll, benefits, and HR operations, then checked line by line against primary sources such as the IRS, Department of Labor, EEOC, and Bureau of Labor Statistics. Dollar limits and rates are for 2026 unless stated. We review every entry at least twice a year and whenever a rule changes. This page explains general rules and isn't legal or tax advice; state law can differ. Read our editorial standards.

Sources

    Cite this definition

    Teachers, consultants, and HR communities are welcome to quote this definition with a link back to HRTally.

    <blockquote>An employer of record, or EOR, is a company that legally employs workers on behalf of another business, handling local contracts, payroll, taxes, benefits, and compliance. It lets a company hire full-time employees in countries or states where it has no legal entity, while the company directs their daily work.</blockquote><p>Source: <a href="https://www.hrtally.com/hr-glossary/employer-of-record/">HRTally HR Glossary, Employer of record</a></p>

    Written by the HRTally Research Team

    Our guides are written and reviewed by people with hands-on US HR, payroll, and HR technology experience. Legal and tax facts are checked against primary sources, such as the Department of Labor, IRS, EEOC, and USCIS, and linked at the end of each guide. Vendors never review or pay for our editorial content.

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