What is an Employer of Record (EOR) [Pros and Cons]? | Ultimate Guide to Understanding Employer of Record Services.

Employer of record means a third-party organization contracted to pay employees, including payroll, taxes, Visa and sponsorship applications, benefits, and insurance.

Nowadays, employment has become a much more international affair. Hiring managers have looked outside of their areas in search of top talent. It has affected not only the places people dial and how small businesses have grown but also how the employment system is designed for those who want to continue employing internationally remote employees fully compliantly. They have two options. One is to stabilize the entity and then register as an employer within the area where the employee resides or use the service that an official employer provides.

This post explains the employer of record model and what to expect from such a service provider.

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What is the employer of record services?

Employer of record services allows companies without local legal entities to employ workers legally in other countries. These services mostly fall under the function of human resources and legal teams, including payroll, benefits, taxes, stock options, and compliance.

An employer of the record serves as a Go between for the employee at the client company, especially when the letter is to a new country without an existing footprint; to explain the employer of record, meaning it is best to turn to a relatable example.

An employer of record services protects your business from risk while hiring rate talent anywhere around the globe.

What does an employer of record do?

An EOR allows a business to employ full-time legal workers in a different country, state, or province. The EOR takes on the burden of a local legal requirement to ensure the client company can employ workers in the area. Remote operates as an EOR in covered countries, states, and provinces.

Without an EOR, an enterprise is not able to employ workers from outside the area in which they have its headquarters, with some exceptions. Larger enterprises
may open their local legal entity to hire workers in different places. This process can be expensive and time-consuming, especially when dealing with multiple countries that have locked out all but the most well-founded businesses that are hiring global workers.

Employers of record offer access to global talent for businesses of any size, not just corporate clients. If you’re looking to recruit someone from a country in which you don’t have an entity legally, you must have an EOR.

What is the difference between a PEO and EOR?

A PEO, which is also known as a professional employer organization, is a kind of outsourcing human resources that provides full-service services. Called co-employment. The PEO performs various employee administration tasks on a business’s behavior, such as payroll and benefits administration.

The business and the PEO share specific employer responsibilities in a co-employment relationship. The PEO typically handles payroll, withholds and pays taxes on payroll, manages workers’ compensation insurance and manages employee benefits, and also provides guidance on human resources. It is then your job to handle routine business operations, such as offering services and products to consumers and deciding on which company to employ or dismiss.

Some differences between an EOR and a PEO:

  • An EOR can employ workers in other countries on your behalf without opening your entity in that country.
    -A PEO requires you to own your local legal entity in the country or region.
  • EORs and PEOs manage HR tasks such as payroll benefits, tax deductions, and reporting.
  • An EOR is the legal employer of your workers on paper. With a PEO, there is a co-employment agreement with an employee, with your PEO, and with your company.
  • With a PEO, you are solely responsible for compliance with local labor laws.
  • If you already have an entity legally registered in the country, joining a PEO might be the more economical alternative.
  • If you don’t own an entity, then an EOR is much more affordable and more efficient than opening an entirely new entity.
    How much does an employer of record cost?

The employer costs include mandatory contractual benefits, taxes, and any other fees the local government may require the employer to pay when hiring an employee in a particular country.

The total employer cost will vary according to the employment country, specific state or province, and the employee’s salary. For example, the employer cost in Cannada will cover the Canadian pension plan, employment health tax, parental health benefit, and workers’ compensation insurance.

An EOR will typically charge 250 to 500 dollars per employee monthly, depending on the requirement for each employee. Under the percentage pricing, EORs get their own cost from your employee’s salaries. Thus, in the long run, a percentage-based pricing structure disincentives you from raising wages or hiring more employees.

What are the responsibilities of an employer of record?

EOR organization performs the following critical task:
-Represent a company as a proxy entity registered as a legitimate employer in the reason and controlling payroll.
-Ensure complaints with local labor and tax legislation.
-Feeling tax and insurance forms on the employee’s behavior.
-Arrange Visa related documents and work permits in case the relocation of an international employee is necessary.
-Offer consultant services to the company regarding the based practice of employee onboarding severance pay or contract termination for a reason.
-Ensuring work please safety and documentation complaints.
-Expecting responsibility for legal and financial decisions.
-Handling employee termination.

What is an EOR in payroll?

The EOR handles the employee’s payroll in accordance with the lawful requirements applicable to the respective region. This includes managing deductions, garnishments, expense reimbursement, and leave entitlement

The payment method and cycle will follow legal obligations, local customs, and the wishes of the client company.

Health insurance, payroll obligations, and pension contribution requirements are complicated, as is the legislation that regulates these changes often.

Specific tax-related questions, like the way to handle options that are granted to foreign workers, are particularly complex.

An EOR As an expert in compliance knows all legal requirements applicable to them and is accountable for non-compliance.

What is the best employer of record?

An employer of a record service provider is a third-party organization that handles the hiring process for companies looking to hire internationally. They are sometimes also called global employment providers. Near provider is the legal employer of employees on paper, and each is often seen as more cost-efficient than professional employer organizations because you are an employee. These workers in other countries on a business behave without opening a separate entity in that country.

Our recommended best EOR companies are:
Oyster HR, Velocity Global, Remote, Papaya Global, Globalization Partners, and Deel.

What are EOR and AOR?

EOR (employer of record)

EORs are companies that take over the legal responsibilities related to employee employment to reduce the complexities associated with HR functions, market access, and international talent management.

AOR (agent of record)

Like the EOR function, An AOR provider engages a staffing firm’s workers who are independent contractors ( not employees), such as a worker who wants to use their LLC rather than be paid as an employee. The AOR is usually responsible to ensure proper classification of the worker and handles timekeeping, payments, etc., with the workers.

Most businesses that offer EOR services also provide AOR services and vice versa.

Employer of Record

Frequently Asked Questions

What exactly is an employer of record in Canada?

An Employer of Record is the legally authorized employer of an employee in Canada. This means that an Employer of Record will take charge of all Canadian issues related to compliance with employment, including payroll taxes and legal benefits, employment contracts, and much more.

Is PEO equivalent to EOR?

PEOs usually provide HR services to businesses that already have entities EORs work for their clients without having to require to establish an entity of their own. If you don’t have any entity within the nation in which you wish to employ somebody, you must be to be an official employer and not a PEO.

How do I choose an employer of record?

1. Does the EoR Have Knowledge of the Right Countries?
2. Is the Employer of Record Transparent About Pricing?
3. How Supportive Is the Employer of Record?
4. Do They Have a Proven Track Record of Success?
5. Does the EoR Operate in Countries You Need to Hire In?

What is the reason I require an employment contract with an authorized employer?

Employers who have an organization that is an employee of record hiring managers and companies can save time. The absence of HR and payroll issues could be a time saver. EORs are an EOR that can be a cost-effective method to outsource HR and payroll tasks.

Is a PEO an employer of record?

In the co-employment arrangement, the PEO becomes an employer of record for the employees of the client company. This means they are competent to handle sensitive data like payroll and benefits package details.

Who is the legitimate employer of PEO?

Legally for legal purposes, the PEO is now legally the “employer in the record” to the employees of your company. Your employees are a part of the PEO as well as employees of other businesses who have joined the company, to help with payroll, tax, and other reasons.

What is the difference between IOR and EOR?

EOR is equivalent to tertiary recovery processes. IOR includes the entire range of recovery technologies, excluding primary ones. Items like well density are added to IOR or the EOR and/or IOR process the process itself.

What does being an Employer of Record mean?

An employer of record is a company that assumes the legal responsibilities of an employee’s employer, even though the employee is actually working for another company. This arrangement is often used when a company wants to hire someone but doesn’t want to go through the process of setting up a new employee or contracting directly with the individual.

In this arrangement, the employer of record handles all the administrative tasks associated with employment, such as payroll, tax withholding, and benefits. The employee is then treated as an employee of the employer of record, rather than the company they are actually working for. This can be a useful arrangement for companies that want to bring on temporary or contract workers, or that want to outsource some of their HR functions.

What are examples of employment records?

Employment records are documents that pertain to an employee’s work history, qualifications, and other information related to their employment. These records can include:

1. Personal information, such as name, address, phone number, and social security number
2. Employment history, including job titles, duties, and dates of employment
3. Education and training records
4. Performance evaluations and feedback
5. Salary and benefit information
6. Attendance records
7. Disciplinary actions or warnings
8. Accomplishments and awards
9. Emergency contact information

Employment records may be kept in paper form or electronically, and they are typically maintained by the employer or the HR department. Some employment records may be required by law to be kept on file, such as records related to payroll and taxes.

What are the advantages of a company using an EOR?

There are several advantages that a company may experience by using an employer of record (EOR) service:

1. Simplified hiring process: An EOR can handle all the administrative tasks associated with hiring an employee, including background checks and onboarding. This can save the company time and resources that would otherwise be spent on these tasks.

2. Reduced liability: By using an EOR, the company can shift some of the legal responsibilities of being an employer onto the EOR. This can help to protect the company from potential legal issues that may arise from the employment relationship.

3. Flexibility: An EOR can allow a company to bring on temporary or contract workers without the need to set up a new employee or establish a direct employment relationship. This can be useful for companies that need to adjust their staffing levels on a short-term basis.

4. Cost savings: Using an EOR can save the company money by eliminating the need to set up and maintain an in-house HR department or pay for employee benefits.

5. Expertise: An EOR has expertise in HR and employment law, which can be beneficial for companies that do not have in-house HR professionals or that want to outsource some of their HR functions.

Can an employer of record sponsor a visa?

It is possible for an employer of record (EOR) to sponsor a visa for an employee, depending on the specific circumstances and the type of visa being sought.

In general, a company or organization can sponsor a visa for an employee if they can demonstrate that the employee has a job offer from the company and meets the requirements for the visa. The company will typically need to provide evidence of the employee’s qualifications and the terms of their employment, as well as information about the company itself.

An EOR may be able to sponsor a visa if it is acting as the employee’s employer and can provide the required documentation. However, the EOR may need to work with the company that the employee is actually working for in order to gather all the necessary information and complete the visa sponsorship process.
It’s worth noting that the process of sponsoring a visa can be complex, and it’s advisable to seek legal advice if you are considering using an EOR to sponsor a visa.

What is the difference between the employer of record and PEO?

An employer of record (EOR) and a professional employer organization (PEO) are similar in that they both provide employment-related services to companies. However, there are some key differences between the two:

1. Scope of services: An EOR typically focuses on handling the administrative tasks associated with employment, such as payroll, tax withholding, and benefits. A PEO, on the other hand, provides a wider range of HR services, including HR consulting, employee training, and risk management.

2. Legal relationship with employees: An EOR is typically considered the legal employer of the employees it serves, while a PEO establishes a co-employment relationship with the employees of its client companies. In a co-employment relationship, both the PEO and the client company are considered the employers of the employees.

3. Pricing: EOR services are usually priced on a per-employee basis, while PEOs typically charge a percentage of payroll.

4. Legal considerations: The legal implications of using an EOR or PEO can vary depending on the specific arrangement and the laws of the jurisdiction in which the company operates. It’s important to carefully consider the legal implications of any employment arrangement and seek advice from an attorney if necessary.

What does EOR stand for in payroll?

EOR stands for “Employer of Record” in payroll. An employer of record is a company that assumes the legal responsibilities of an employee’s employer, even though the employee is actually working for another company.

In the context of payroll, an employer of record may handle the process of paying employees, including calculating and issuing paychecks, withholding taxes, and making any necessary tax payments on behalf of the employees. An EOR may also be responsible for providing employee benefits and managing other HR-related tasks.

Using an employer of record can be a useful arrangement for companies that want to bring on temporary or contract workers, or that want to outsource some of their HR functions. It can simplify the hiring process and reduce liability for the company, while also providing the employee with access to benefits and other employment-related support.

Can I ask my employer for a record of employment?

Yes, you can ask your employer for a record of employment. This document, also known as an ROE (Record of Employment), is a summary of your employment history and is used by Employment and Social Development Canada (ESDC) to determine your eligibility for Employment Insurance (EI) benefits.

You can request an ROE from your employer at any time, but you will typically need one if you have been terminated, laid off, or have had a significant decrease in your work hours. Your employer is required by law to provide you with an ROE within five days of the last day of your employment, or as soon as possible if you request it.

There are several ways you can request an ROE from your employer, including in person, by phone, or in writing. If you have any difficulty obtaining an ROE, you can contact ESDC for assistance.

When should I ask for a record of employment?

You should ask for a record of employment (ROE) from your employer if you have been terminated, laid off, or have had a significant decrease in your work hours, as these events may make you eligible for Employment Insurance (EI) benefits.

Your employer is required by law to provide you with an ROE within five days of the last day of your employment, or as soon as possible if you request it. If you have any difficulty obtaining an ROE, you can contact Employment and Social Development Canada (ESDC) for assistance.

It’s worth noting that you may also need an ROE if you are applying for other employment-related benefits, such as sick leave, disability benefits, or worker’s compensation. In these cases, you can request an ROE from your employer at any time.

Employer of Record
How much does an Employer of Record service cost?

The cost of an employer of record (EOR) service will depend on a number of factors, including the scope of services provided, the number of employees being managed, and any additional features or customization. Some EORs charge a flat fee per employee, while others may charge a percentage of payroll or a combination of both.

In general, you can expect to pay anywhere from a few hundred dollars per employee per year for basic EOR services to several thousand dollars per employee per year for more comprehensive HR support. It’s worth noting that the cost of an EOR service may be more expensive than hiring employees directly or establishing a direct employment relationship, but it can also provide cost savings in areas such as benefits and HR administration.

It’s a good idea to shop around and compare prices from different EORs to find the best fit for your needs and budget. You should also be sure to carefully review the terms and services offered by each EOR to ensure that you are getting the level of support that you need.

What is the difference between PEO and payroll?

A professional employer organization (PEO) and payroll are related but distinct services. Payroll refers to the process of paying employees and managing related tasks such as calculating and issuing paychecks, withholding taxes, and making tax payments.

A PEO, on the other hand, is a type of outsourcing service that provides a range of HR and employment-related support to companies. In addition to payroll services, a PEO may offer HR consulting, employee training, risk management, and other HR-related support.

PEOs often establish a co-employment relationship with the employees of their client companies, meaning that both the PEO and the client company are considered the employers of the employees. PEOs may charge a percentage of payroll for their services, in addition to any other fees for specific services or support.

It’s worth noting that while a PEO may provide payroll services, not all PEOs offer payroll services and not all companies that provide payroll services are PEOs.

What does PEO mean in HR?

PEO stands for “Professional Employer Organization.” In the context of HR (human resources), a PEO is a type of outsourcing service that provides a range of HR and employment-related support to companies.

A PEO can handle a variety of HR tasks for its client companies, including payroll and tax administration, employee benefits, HR consulting, risk management, and employee training and development. A PEO may also be responsible for handling employee relations issues and complying with employment laws and regulations.

PEOs often establish a co-employment relationship with the employees of their client companies, meaning that both the PEO and the client company are considered the employers of the employees. PEOs may charge a percentage of payroll for their services, in addition to any other fees for specific services or support.

Using a PEO can be a useful option for companies that want to outsource some or all of their HR functions, or that want to access a wider range of HR services and support.

Who is the legal employer with a PEO?

In a professional employer organization (PEO) arrangement, both the PEO and the client company are considered the legal employer of the employees. This is known as a co-employment relationship.

In a co-employment relationship, the PEO and the client company share certain responsibilities and liabilities related to the employment of the employees. The PEO may handle tasks such as payroll and tax withholding, while the client company may be responsible for setting policies and managing day-to-day operations.

The specific responsibilities and liabilities of the PEO and the client company will depend on the terms of the PEO agreement and the laws of the jurisdiction in which the company operates. It’s important to carefully review the terms of a PEO arrangement and seek legal advice if necessary to understand the legal implications of using a PEO.

How much does full-service payroll cost?

The cost of full-service payroll will depend on a number of factors, including the number of employees being paid, the frequency of payroll, and the complexity of the payroll process. In general, you can expect to pay anywhere from a few dollars to several dollars per employee per pay period for full-service payroll, depending on the specific services being provided.

Full-service payroll providers typically handle all aspects of the payroll process, including calculating and issuing paychecks, withholding and remitting taxes, and providing access to employee pay stubs and tax forms. They may also offer additional services such as employee benefits, HR consulting, and compliance support.

It’s worth noting that the cost of full-service payroll may vary depending on the provider and the specific services being offered. It’s a good idea to shop around and compare prices from different payroll providers to find the best fit for your needs and budget. You should also be sure to carefully review the terms and services offered by each provider to ensure that you are getting the level of support that you need.

What are the pros and cons of a PEO?

Professional employer organizations (PEOs) provide a range of HR and employment-related services to companies and can be a useful option for businesses that want to outsource some or all of their HR functions. Here are some pros and cons to consider when deciding whether to use a PEO:
Pros:

1. Reduced liability: By using a PEO, a company can shift some of the legal responsibilities of being an employer onto the PEO. This can help to protect the company from potential legal issues that may arise from the employment relationship.

2. Cost savings: Using a PEO can save the company money by eliminating the need to set up and maintain an in-house HR department or pay for employee benefits.

3. Expertise: PEOs have expertise in HR and employment law, which can be beneficial for companies that do not have in-house HR professionals or that want to outsource some of their HR functions.

4. Flexibility: A PEO can allow a company to bring on temporary or contract workers without the need to set up a new employee or establish a direct employment relationship. This can be useful for companies that need to adjust their staffing levels on a short-term basis.

Cons:
1. Cost: The cost of using a PEO may be more expensive than hiring employees directly or establishing a direct employment relationship.

2. Loss of control: By outsourcing HR functions to a PEO, a company may lose some control over certain aspects of its HR operations.

3. Complexity: The legal and regulatory aspects of using a PEO can be complex, and it may be necessary to seek legal advice to fully understand the implications of the arrangement.

4. Limited services: Some PEOs may not offer all the HR services that a company may need, and it may be necessary to use multiple providers or handle some functions in-house.

When should I leave PEO? 4 reasons

There are a few reasons why you might consider leaving a professional employer organization (PEO):

1. Cost: If the cost of using a PEO becomes too expensive for your business, you may decide to terminate the relationship and handle HR functions in-house or through another service provider.

2. Loss of control: If you feel that you are losing too much control over HR functions or the employment relationship with your employees by using a PEO, you may decide to terminate the relationship and handle these functions directly.

3. Limited services: If the PEO is not providing all the HR services that your business needs, you may decide to terminate the relationship and seek out a provider that offers the full range of services you require.

4. Change in business needs: If your business has undergone significant changes or if your HR needs have changed, you may decide to terminate the PEO relationship and explore other options.

Before making the decision to leave a PEO, it’s important to carefully consider the potential implications and to seek legal and financial advice if necessary. It may also be helpful to have a plan in place for transitioning HR functions back in-house or to another provider.

What questions should I ask a PEO?

Here are some questions that you might want to ask a Professional Employer Organization (PEO):
1. What services does your PEO offer?
2. How do your PEO handle payroll, tax filing, and employee benefits?
3. How does your PEO handle HR tasks such as employee onboarding, performance evaluations, and termination?
4. How does your PEO handle workers’ compensation claims and risk management?
5. What kind of support and resources does your PEO provide to help me manage my business and employees?
6. How does your PEO handle employee disputes and grievances?
7. What is the process for transitioning my business to your PEO?
8. How much does your PEO charge for its services and what is included in the price?
9. Can you provide references or case studies of other businesses that have used your PEO’s services?
10. How does your PEO ensure compliance with federal and state employment laws?

Is the PEO industry growing?

The Professional Employer Organization (PEO) industry has been growing in recent years. PEOs provide a range of HR and payroll services to small and medium-sized businesses and can help companies save time and money by handling these tasks in-house. According to the National Association of Professional Employer Organizations (NAPEO), the PEO industry has grown significantly in the last decade, with revenues increasing from $58 billion in 2009 to $180 billion in 2019.

There are several factors that have contributed to the growth of the PEO industry. One factor is the increasing complexity of employment laws and regulations, which can be challenging for small businesses to navigate. PEOs can help businesses comply with these laws and reduce the risk of non-compliance. Another factor is the growing demand for flexible work arrangements, which PEOs can help facilitate by providing a range of employee benefits and HR services. Finally, the rise of technology has made it easier for PEOs to deliver their services remotely, which has helped to increase their reach and expand their customer base.

Can you claim ERC if you use PEO?

The Employee Retention Credit (ERC) is a tax credit that is available to businesses that have been impacted by COVID-19. It was created as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, and is designed to help businesses keep their employees on the payroll during the pandemic.

If you use a Professional Employer Organization (PEO) to handle your payroll and HR tasks, you may be able to claim the ERC if you meet the eligibility requirements. To claim the credit, you must have experienced a full or partial suspension of your business operations due to a COVID-19-related shutdown order, or you must have seen a significant decline in gross receipts. You must also have continued to pay your employees even if they were not able to work due to the impact of COVID-19.

To claim the ERC, you will need to complete Form 7200 and include it with your tax return. You can also claim the credit on a quarterly basis by filing Form 941. It’s important to note that businesses that are eligible for the ERC cannot also claim the Payroll Protection Program (PPP) for the same wages. If you have received a PPP loan, you will need to repay the loan before you can claim the ERC.

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