Understanding the Benefits of Employer of Record vs Common Law Employer

Published on:
February 16, 2023
Written by:
Lucas Botzen
The global economy is constantly evolving, and businesses are looking for ways to expand their operations into new markets. Employer of Record (EOR) services provide an attractive solution that offers cost savings, compliance assurance, administrative support, job security and better working conditions for employees. In this blog post we will explore the advantages of EOR services compared to Common Law Employers in terms of costs associated with each option as well as potential risks and liabilities. We'll also discuss how these solutions can help organizations increase efficiency while managing a workforce across multiple countries. By the end you should have a clearer understanding on which type of employer arrangement best suits your business needs when expanding globally!

Table of contents

What is an Employer of Record?

An Employer of Record (EOR) is a third-party organization that acts as the legal employer for an employee, taking on all responsibilities associated with hiring and managing employees. It differs from a Common Law Employer in that it does not have any direct control over the day-to-day operations or management of its employees. Instead, EORs provide services such as payroll processing, tax filing, benefits administration and other HR functions to employers who outsource these tasks. So what exactly is an Employer of Record? In short, it’s a company that takes responsibility for employing someone else's workers – usually those located outside their home country – while still allowing them to remain employed by their original employer. This arrangement allows companies to hire foreign talent without having to go through lengthy visa processes or establish local entities abroad; instead they can simply contract with an EOR provider who will take care of everything related to employment law compliance in the host country on behalf of the client company.

At first glance this may seem like just another formality but there are actually several key differences between using an EOR versus being considered a common law employer:

  • An EOR assumes full liability for complying with applicable laws and regulations regarding wages/salaries, taxes withholding obligations etc., whereas when you employ people directly you assume all liabilities yourself;
  • An EOR provides access to global markets quickly since no additional entity needs be established locally;
  • The relationship between your business and your staff remains contractual rather than one based upon mutual trust which could lead into potential disputes if things don't work out well later down the line;
  • You do not need any physical presence in order use an Employment Of Records service - making international expansion much easier compared traditional methods where setting up subsidiaries would otherwise be required before doing business overseas.
  • Lastly ,the cost savings associated with outsourcing certain aspects of employment can also make working via Employment Of Records attractive option . For example , many businesses find themselves paying more money towards administrative costs then actual salaries due too complex labor laws within different countries . By utilizing Employee Of Records services , businesses save time & resources needed manage multiple contracts across various jurisdictions .

In conclusion ,Employment Of Records offers numerous advantages both financially & legally when expanding globally . Companies looking expand internationally should consider leveraging this type service ensure smooth transition new marketplaces while avoiding costly mistakes along way !

Benefits of Employer of Record

The concept of an Employer of Record (EOR) is becoming increasingly popular in the modern business world. An EOR provides employers with a range of benefits, including cost savings, compliance assurance and administrative support. It can also provide employees with greater job security and better working conditions. In this blog post we will explore the many advantages that come from using an EOR service for both employers and employees alike.

For employers, one major benefit to using an EOR is cost savings; by outsourcing payroll services to a third-party provider they are able to reduce their overhead costs significantly while still providing quality employment opportunities for their staff members. Additionally, it eliminates any potential liability associated with hiring foreign workers or those who do not meet local labor laws – as all legal requirements are handled by the employer’s chosen provider instead. Furthermore, having access to experienced professionals ensures that businesses remain compliant at all times when dealing with employee matters such as taxes or insurance coverage - thus avoiding costly penalties due to noncompliance issues down the line!

Employees too stand gain from engaging in arrangements through an Employer of Record service; most notably they receive more secure jobs than if hired directly without going through this process firstly because there is less risk involved since everything has been taken care off legally beforehand secondly because these companies often offer competitive salaries & benefits packages which may be difficult for smaller firms/startups etc.,to match on their own accord otherwise.

Moreover, they have access to professional advice regarding workplace rights & regulations should any disputes arise during employment period making sure everyone's interests are protected accordingly! Another key advantage offered by employing via an EOR relates specifically towards international hires; rather than needing separate contracts in each country where you hire someone, the company simply needs sign up once contractually binding them across multiple countries simultaneously saving time & money whilst ensuring consistency throughout workforce globally.

This makes it much easier manage remote teams spread out over different locations around globe especially useful when expanding into new markets quickly efficiently! Finally, there other miscellaneous perks associated utilizing such services like being able handle onboarding processes remotely reducing paperwork hassle plus ability track performance metrics accurately so organizations know exactly how well team doing no matter location enabling them make informed decisions about future growth strategies based data collected.

All these factors combine create comprehensive solution managing entire recruitment cycle end result being increased efficiency productivity within organization ultimately leading higher profits bottom line!

Common Law Employer Considerations

When it comes to hiring employees, employers must consider the potential risks and liabilities associated with using a Common Law Employer. This type of employer is one who has an employment relationship with their workers but does not have any formal agreement in place. While this can be beneficial for some businesses, there are certain considerations that should be taken into account before making such a decision.

One of the primary concerns when considering a Common Law Employer is that they may not comply with applicable laws or regulations governing employee rights and benefits. For example, if an employer fails to provide proper wages or overtime pay as required by law, then they could face significant fines from government agencies like the Department of Labor (DOL). Additionally, if an employer does not follow state-specific labor laws regarding minimum wage requirements or other workplace protections for employees then they could also find themselves facing legal action from disgruntled workers seeking compensation for unpaid wages or damages due to unfair treatment on the job.

Another consideration when deciding whether to use a Common Law Employer is liability protection against claims made by former employees alleging wrongful termination or discrimination based on race, gender identity/expression etc., which can result in costly litigation costs even if no wrongdoing was committed by either party involved in the dispute. In addition to these types of lawsuits being expensive and time consuming for both parties involved; employers may also need additional insurance coverage depending upon their particular situation since most general business policies do not cover these kinds of disputes arising out of common law relationships between employers and employees.

Finally, another important factor related to using a Common Law Employer involves taxes owed at both federal and state levels including payroll taxes withheld from employee salaries as well as unemployment tax contributions paid quarterly throughout each year - failure here too could lead to hefty penalties imposed by various taxing authorities so it’s essential that all paperwork related thereto remains up-to-date at all times!

Overall while utilizing this type of arrangement might seem attractive initially due its cost savings compared with traditional methods; however there are numerous potential pitfalls along way which make it imperative that companies thoroughly research relevant statutes prior engaging anyone under such terms lest risk incurring serious financial losses down road – something best avoided altogether whenever possible!

Cost Comparison

When it comes to the cost comparison between an Employer of Record (EOR) service and a Common Law Employer, there are several factors that need to be taken into consideration. It is important for businesses to understand the differences in costs associated with each option before making their decision. The primary difference between EOR services and common law employers lies in how they handle payroll taxes, employee benefits, workers’ compensation insurance premiums, and other related expenses. With an EOR service, all these costs are typically included as part of its fee structure; whereas with a common law employer these fees must be paid separately by the business itself or through another third-party provider such as an accountant or lawyer.

In terms of upfront costs associated with hiring employees via either method, both options require some degree of investment from the business owner – whether this is paying out wages directly or covering administrative overhead charges incurred when using an EOR service. However, depending on which route you choose will determine what type of additional fees may apply over time:

  • For those opting for a Common Law Employer setup: In addition to regular salary payments made directly by your company (or contracted third party), you would also have responsibility for any applicable payroll taxes due at state/federal level plus any relevant contributions towards social security funds etc., along with providing health care coverage if required under local laws – all resulting in increased operational expenditure over time compared against employing staff via an EOR solution where many such obligations can often be covered within one fixed monthly fee package agreement instead.
  • When utilizing an Employee Of Record Service however: As well as being responsible for setting up initial contracts detailing employment conditions & job roles etc., companies should also factor in potential extra charges relating to onboarding new hires including background checks & identity verification processes too – not forgetting possible additional legal advice needed during negotiations around contractual agreements prior commencing work duties properly either! Furthermore ongoing management tasks like tracking vacation days accrued per individual worker could incur further administration fees charged periodically throughout year accordingto specific requirements set forth beforehand…

Overall then while both methods offer advantages & disadvantages respectively when it comes down deciding upon most suitable approach regarding managing personnel matters effectively whilst keeping overall running costs low simultaneously? The choice ultimately rests solely upon particular needs/circumstances faced by respective organization concerned so best bet always seek professional guidance firstly before committing anything long term basis going forward!


In conclusion, Employer of Record services are beneficial for employers and employees alike. By utilizing an EOR service, businesses can save time and money by avoiding the complexities associated with setting up a legal entity in another country or jurisdiction. Additionally, they can benefit from access to local expertise on labor laws and regulations that may be unfamiliar to them. For employees, using an EOR allows them to receive their wages quickly without having to worry about taxes or other paperwork related issues as these will all be handled by the provider. Overall, Employer of Record services provide a cost-effective solution for companies looking to expand into new markets while ensuring compliance with local employment laws and regulations at the same time. It also provides peace of mind knowing that both employer’s rights and employee’s rights are being protected throughout every step of the process - something which is essential when dealing with international business operations where cultural differences could otherwise lead to misunderstandings or disputes down the line if not properly addressed upfront through proper documentation processes such as those provided by an EOR service provider. Therefore it's clear why so many organizations have begun turning towards this type of outsourcing model over traditional methods; allowing them greater flexibility in terms of how they manage their workforce across multiple countries while still maintaining full control over their global payroll costs - ultimately leading towards increased efficiency within any organization regardless its size!

In conclusion, Employer of Record services provide businesses with a cost-effective solution to expand into new markets while ensuring compliance with local employment laws and regulations. It allows companies to hire foreign talent without having to go through lengthy visa processes or establish local entities abroad, and provides access to global markets quickly. EORs assume full liability for complying with applicable laws and regulations, provide contractual relationships rather than one based upon mutual trust, offer cost savings associated with outsourcing certain aspects of employment as well as job security and better working conditions for employees. When deciding between an EOR service or Common Law Employers it is important that employers consider the differences in costs associated along with potential risks before making a decision. Professional guidance should be sought when necessary in order to ensure successful expansion into international markets while maintaining control over their global payroll costs leading increased efficiency overall.

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