The Responsibility of an Employer of Record

The Responsibility of an Employer of Record

International expansion introduces significant risk for businesses that are not locally registered or legally compliant in foreign jurisdictions. When you onboard international talent without a legal entity, you risk fines, misclassification penalties, and employment disputes. Many businesses underestimate how complex cross-border hiring can become without support.

An Employer of Record (EOR) offers a compliant solution by becoming the legal employer of your overseas workforce.

In this blog, we will explore the responsibilities an EOR holds and why they matter to your business success.

The EOR Acts as the Legal Employer

An EOR is not a staffing agency or HR outsourcing service. It is the formal legal employer of record for your international staff.

This means the EOR assumes responsibility for all employer-related obligations under local law. These include employment registration, tax compliance, and benefits administration.

Your business still controls the employee’s daily work, goals, and performance. The EOR handles the legal structure that supports that relationship.

For instance, if you are hiring employees in the Philippines but do not have a legal entity there, an employer of record service provider such as Recruitgo (an international EOR company) or some other will hire those employees on your behalf and provide them with an employment contract.

They Draft Compliant Employment Contracts

Employment contracts must align with local labor laws and employment standards. The EOR is responsible for preparing fully compliant contracts.

These contracts must include correct notice periods, probation rules, wage clauses, and termination terms as required by local legislation.

The EOR ensures the employee understands the terms and signs a legally valid document. This helps prevent disputes later on.

They Manage Payroll and Withholdings

One of the EOR’s most visible roles is processing monthly payroll. They calculate gross pay, deduct mandatory contributions, and remit taxes.

All payroll activity is done in accordance with the laws of the country where the employee is based.

They also issue pay slips, maintain payroll records, and ensure reporting obligations are met with tax authorities and social security departments.

They Administer Benefits

Benefit entitlements are not the same in every market. The EOR ensures each employee receives mandatory and customary benefits. This may include health insurance, retirement contributions, holiday pay, or government-mandated allowances. The EOR provides and manages these benefits properly.

They also track changes in labor law to ensure your employees continue receiving what is legally required.

They Handle Employment Registration

Employees must be registered with local labor departments, tax offices, and government benefit agencies. The EOR manages all required employment registrations.

They ensure each employee is recognized by the authorities as formally employed, which is a legal requirement in most countries. This protects both your company and the employee from legal uncertainties or gaps in coverage.

A professional EOR service can ensure that every regulatory filing is completed accurately and on time.

They Conduct Legal Onboarding

Beyond contract signing, onboarding involves multiple legal steps. The EOR collects personal documents, completes registration forms, and submits local declarations. They ensure the employment process complies with all regional laws and is ready for audit if needed.

This structure also supports a smooth experience for your new hire, helping them integrate legally and administratively.

They Ensure Compliance with Local Law

Labor law is never static. The EOR monitors changes and updates processes to meet evolving legal requirements. They are responsible for complying with minimum wage laws, paid leave regulations, tax updates, and working hour limits.

By staying compliant, the EOR ensures your company avoids penalties or audits related to foreign employment practices.

They Manage Terminations and Severance

Ending an employment relationship requires strict adherence to local labor codes. The EOR manages this process from start to finish. They ensure required notice periods are followed and proper documentation is filed. They calculate and issue severance, final pay, and exit forms.

This process protects your brand and ensures you meet ethical and legal standards when employment ends.

They Maintain Employment Records

Proper recordkeeping is a legal obligation in most countries. The EOR is responsible for maintaining employment files, tax submissions, and benefits data. These records must be stored securely and kept for the required period in case of audits or government requests.

This documentation supports transparency and shows that your company remains fully compliant through its employment structure.

They Communicate with Government Authorities

The EOR acts as your representative in all employment-related interactions with government bodies. They handle tax submissions, labor declarations, insurance payments, and correspondence with regulatory agencies.

This removes a significant administrative burden from your team and prevents misunderstandings with foreign officials.

They Take Accountability for Employment Risk

By acting as the employer on paper, the EOR accepts the legal liability of hiring in the country where your talent is based. This includes responsibility for misclassification issues, tax audits, and labor disputes.

Your business remains insulated from legal risk while enjoying the operational benefits of global hiring.

Make Global Hiring Legally Secure with an EOR

Hiring international talent brings growth, innovation, and flexibility but only when done compliantly. An EOR is not just a payroll processor or administrative partner. It is a legal shield that protects your company as you expand into unfamiliar markets.

Each of the responsibilities outlined above carries real legal weight. The EOR does not assist with compliance. They are responsible for it.

If you want to expand into new markets without setting up local entities or exposing your company to risk, work with a reliable EOR provider that understands these responsibilities and carries them out with legal precision.

 

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