What is an Employer of Record (EOR) and How Does it Work?

updated on 13 August 2024
Introduction to Employer of Record
Introduction to Employer of Record

When most people come across the term "Employer of Record" which is short for EOR, they often wonder what it means. It might sound like some complicated business term, but it’s pretty straightforward and useful for companies that want to hire talent from other countries.

Let’s assume your company is based in Europe but you discover an exceptional programmer in Nigeria (Africa). Your worry is how to legally hire this employee, pay or deal with the local laws in Nigeria. That’s where an Employer of Record, or EOR, steps in. An EOR is like a helper that takes care of all the legal and administrative processes, so you can focus on working with your new team member without worrying about breaking any laws.

So in this post, I’ll explain what an Employer of Record is, how it works, and why it’s a great option for businesses looking to expand their team globally. I’ll keep it simple and clear so that by the end, you’ll have a solid understanding of EORs and how they can help your business scale.

What is an Employer of Record (EOR)?

An Employer of Record, or EOR, is a company that takes care of all the legal and administrative tasks needed to hire someone in another country. In simple terms, an EOR becomes the official employer for the employee, handling things like payroll, taxes, and compliance with local labour laws. 

Who is an Employer of Record Service Provider?

An Employer of Record (EOR) service provider is a company that takes on the legal responsibilities of employing workers on behalf of another business. This means the EOR handles all the administrative tasks and legal obligations related to employment, such as payroll, taxes, benefits, and compliance with local labor laws.

The Role of an EOR in the Hiring Process

If you want to hire a talented graphic designer from Nigeria, instead of setting up a whole new business entity in Nigeria (which can be complicated and expensive), you should partner with an EOR.

The EOR hires the designer on your behalf, manages all the legal paperwork and ensures everything is done according to Nigerian laws. You get to work with the designer just like any other employee but without the hassle of navigating the foreign regulations in Nigeria.

Common Scenarios Where an EOR is Needed

There are many situations where using an EOR service is needed. Here are a few common ones:

  1. Expanding into New Markets: If your company wants to explore new markets but isn’t ready to set up a full legal presence in those countries, an EOR can help you hire local talent quickly and easily.
  2. Hiring Remote Workers: If you find the perfect candidate who lives abroad, an EOR can handle all the legalities so you can hire them without setting up a foreign subsidiary.
  3.  Short-Term Projects: For temporary projects that require local expertise, an EOR can be a great way to bring on short-term talent without long-term commitments.
  4. Small Businesses and Startups: If you’re a small business or startup with limited resources, using an EOR can save you time and money while you grow your team internationally.

By partnering with an EOR, businesses can focus on finding the best talent, regardless of location, and leave the complex administrative tasks to the experts.

How Does an Employer of Record (EOR) Work?

How an Employer of Record works
How an Employer of Record works
  1. Steps involved in partnering with an EOR
  • Consultation: You start by discussing your needs with the EOR provider. This includes the roles you want to fill and the countries you're targeting.
  • Agreement: You sign a service agreement with the EOR, outlining the terms and conditions of the partnership.
  • Documentation: You provide the necessary documentation, like your company’s details and the job descriptions for the positions you’re hiring.

2. What businesses need to provide to the EOR

  • Employee Information: Details about the employees you want to hire, including resumes, job roles and salaries.
  • Company Policies: Any specific company policies that should apply to the new hires.
  • Compliance Requirements: Information about your company’s compliance needs to ensure the EOR can align with them.

3. How the EOR manages employment contracts, payroll, taxes, and benefits

  • Contracts: The EOR drafts and signs employment contracts with your employees, ensuring they comply with local laws.
  • Payroll: The EOR handles payroll, ensuring employees are paid accurately and on time.
  • Taxes and Benefits: The EOR takes care of calculating and paying taxes, as well as managing employee benefits like health insurance and retirement plans.

4. Ensuring compliance with local labor laws and regulations

  • Legal Expertise: The EOR has local legal experts who ensure that all employment practices comply with local labor laws.
  • Updates and Changes: The EOR stays updated on any changes in labor laws and regulations, making necessary adjustments to remain compliant.

5. Handling HR tasks and employee relations

  • HR Support: The EOR provides ongoing HR support, handling tasks like performance management, conflict resolution, and employee inquiries.
  • Employee Relations: The EOR manages relationships with employees, ensuring they feel supported and engaged.

6. Reporting and communication between the business and the EOR

  • Regular Updates: The EOR provides regular updates to your business, including payroll reports, compliance updates, and employee performance summaries.
  • Communication Channels: Open channels of communication are maintained to address any questions or concerns promptly.

7. Termination and Offboarding

The EOR manages the entire termination process, from conducting exit interviews to providing necessary documentation. The EOR also ensures that severance pay and benefits are handled according to local laws to reduce the risk of legal issues.

Quick links: By taking care of the complex and time-consuming aspects of international hiring, Workshift allows you to focus on what matters most: growing your business and working with great talent from Africa.

Benefits of Using an Employer of Record (EOR)

Benefits of using an Employer of Record
Benefits of using an Employer of Record
  1. Legal Compliance

One of the biggest headaches when hiring internationally is making sure you’re following all the local laws. Each country has its own set of rules for wages, working hours, benefits and termination procedures. An EOR takes care of all that for you. They have experts who have deep knowledge of local labor laws; so you don’t have to worry about missing something important and getting into legal trouble.

2. Cost Savings

Setting up a new branch or legal entity in another country can be incredibly expensive and time-consuming. You have to deal with registration fees, ongoing administrative costs and potential legal fees. An EOR helps you avoid these costs. Instead of establishing a full legal presence, you can hire through the EOR, which already has everything in place. This means significant cost savings for your business, especially if you’re just testing out a new market.

3. Time Efficiency

Hiring internationally involves a lot of paperwork and administrative tasks. You have to handle contracts, payroll, taxes, and benefits, all according to the specific rules of each country. This can take up a lot of your time and resources. An EOR streamlines the entire process. They handle all the administrative work, from drafting contracts to managing payroll, freeing you up to focus on other important aspects of your business.

4. Access to Global Talent

Finding the right talent is crucial for your business’s success, but the best person for the job might not live in your home country. An EOR makes it easy to hire the best people, no matter where they are. They handle the complexities of international hiring, so you can build a diverse and talented team without worrying about the legal and administrative challenges.

6. Risk Mitigation

Hiring internationally comes with risks, such as compliance issues, tax complications, and potential legal disputes. An EOR helps minimize these risks. They ensure that all employment practices comply with local laws, reducing the chance of costly mistakes. They also take on the legal responsibilities of being the official employer, protecting your business from potential liabilities.

Now you know the basics of the term “Employer of Record,” but there’s more to EORs and EOR service providers than just the basics. There are THOUSANDS of EOR providers out there for you to choose from, and the last thing you want is to mindlessly select one that doesn’t align with your company’s goals, values or needs.

Key Considerations Before Choosing the Right Employer of Record (EOR) Provider

Factors to consider before choosing an EOR provider
Factors to consider before choosing an EOR provider

When selecting an EOR provider, it's crucial to consider a few important factors to ensure you make the best choice for your business.

  1. Expertise: Look for an EOR with a strong track record and extensive experience in the regions where you want to hire. Only an experienced provider will have a deep understanding of local labor laws and regulation
  2. Services Offered: Different EORs offer various services. Make sure the provider can handle all your needs, such as payroll, tax compliance, benefits management, and HR support.
  3. Reputation: Research the provider's reputation. Look for reviews, testimonials, and case studies from other companies that have used their services. A reputable EOR will have positive feedback and proven success in helping businesses like yours.
  4. Technology and Processes: Evaluate the technology and processes the EOR uses. A modern provider will use efficient, up-to-date systems for managing payroll, compliance, and communication.
  5. Customer Support: Good customer support is required, great customer support is essential. Ensure the EOR offers reliable, responsive support to address any issues or questions that arise.

Quick links: If your business wants to hire amazing talent from Africa, our EOR and staffing services can make it easy and stress-free. 

Questions to Ask Potential EOR Providers

Questions to ask EOR providers
Questions to ask EOR providers

When evaluating potential EOR providers, asking the right questions can help you make an informed decision.

  1. Experience: Do you have experience in the specific countries where we plan to hire?
  2. Compliance: How do you ensure compliance with local labor laws and regulations? Can you provide examples of how you’ve managed compliance issues in the past?
  3. Services: What specific services do you offer? Can you handle payroll, taxes, benefits and HR support?
  4. Costs: What are your pricing models? Are there any hidden fees or additional costs we should be aware of?
  5. Technology: What technology and systems do you use to manage payroll and compliance? Can we integrate your systems with our existing HR software?
  6. Support: What level of customer support do you provide? How can we contact you if we have questions or issues?
  7. References: Can you provide references from other clients, particularly those in similar industries or regions?

Red Flags to Watch Out For in EOR Providers

Red flags to watch out for in EOR providers
Red flags to watch out for in EOR providers

Be aware of potential warning signs that an EOR provider may not be the right fit for your business.

  1. Lack of Transparency: If an EOR provider is not open about their processes, pricing or services, it’s a red flag.
  2. Poor Communication: If the provider is slow to respond or difficult to communicate with during the evaluation process, this could indicate poor customer support down the line.
  3. Negative Reviews: Look out for negative reviews or consistent complaints from other clients. This can be a sign of underlying issues with the provider’s services.
  4. Limited Experience: If the provider lacks experience in your target regions or industries, they may not be able to effectively manage your needs.
  5. Outdated Technology: Using outdated technology or manual processes can lead to inefficiencies and errors. Ensure the provider uses modern, reliable systems.

By carefully considering these factors, asking the right questions, and watching for red flags, you can choose an EOR provider that will effectively support your international hiring needs and help your business grow.

Quick links: Why use Workshift? We understand the market and legal situations in all African countries, positioning us to better advise anyone looking to hire, manage, or pay remote employees or contractors.

Conclusion

We’ve broken down what an Employer of Record (EOR) is and how it can help businesses hire people from other countries. You now understand how an EOR works, from the initial setup to handling termination and offboarding. Finally, we discussed how to choose the right EOR provider, including key considerations, important questions to ask and red flags to watch out for.

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