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Are you facing a core challenge during global expansion: how to pay overseas employees simply and compliantly?
For most companies, Employer of Record (EOR) services are the optimal solution to achieve this goal. It turns complex cross-border payroll processes into something as simple as local payroll.
Understanding the various mainstream solutions, including EOR, is the first step to making the right decision and choosing the path that best fits you.

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Paying overseas employees is far more than just a simple fund transfer. You need to ensure every payment is accurate and fully compliant within a completely unfamiliar legal and tax framework. This is full of challenges.
When you expand your business to a new country, you immediately encounter a series of complex issues. Many companies make costly mistakes in their initial attempts:
The complexity of payroll in each country is rooted in its unique legal, cultural, and economic systems. For example, in France, employers need to pay high payroll taxes for health insurance, family benefits, pensions, etc.; while in Brazil, unions are deeply involved in salary formulation, and companies must pay fees to designated unions. In mainland China, local governments may also levy additional allowances, such as heating fees in northern regions.
To give you a more intuitive understanding of the differences, see the table below, which shows the huge differences in core employment regulations across regions:
| Region/Country | Weekly Working Hours | Paid Annual Leave | Overtime Pay Standard | Mandatory Benefits |
|---|---|---|---|---|
| EU | No more than 48 hours | At least 4 weeks | Strictly restricted | Comprehensive social security system |
| France | 35 hours as benchmark | 5 weeks | Additional compensation | Commuting and lunch subsidies |
| Canada | Varies by province | 2-3 weeks | 1.5 times wages | Universal healthcare, unemployment insurance |
| Mainland China | 40 hours | 5-15 days | 1.5 to 3 times wages | Five insurances and one fund |
| Argentina | 48 hours | 14-35 days | 1.5 times wages | Mandatory severance pay |
Faced with such a complex situation, you need a clear strategy. The following are the three mainstream solutions in the market, each with its unique advantages and applicable scenarios.
Employer of Record (EOR) is an innovative human resources service. It allows you to legally hire overseas employees without establishing a local company. The EOR provider acts as the “legal employer” of your employees in the local area, handling all administrative and legal affairs related to employment for you.
Responsibilities that EOR assumes for you include:
| Advantages | Disadvantages |
|---|---|
| Fast speed: Legally hire employees within days, quickly enter the market. | Cost: Service fees are usually higher than simple payroll processing. |
| Strong compliance: Transfers complex legal risks to professional providers. | Control: Less direct control over specific HR processes. |
| Controllable costs: No need to bear the huge expenses of establishing and maintaining an entity. | Applicability: Not suitable for companies planning large-scale, long-term investment locally. |
| Focus on core business: Frees you from tedious administrative tasks. |
For companies hoping to quickly test the market, hire a few key talents, or operate in countries with extremely complex laws, EOR is undoubtedly the ideal choice that balances speed, compliance, and cost-effectiveness, making it one of the optimal solutions for many companies entering new markets. The rise of industry providers like Deel and GoGlobal also proves the great value of this model.
Hiring overseas talent as independent contractors seems the simplest and most direct way. You just need to pay service fees on time without handling complex taxes and benefits. However, this model hides huge legal risks—worker misclassification.
Tax and labor authorities in various countries have strict definitions for “employees” and “contractors.” The U.S. Internal Revenue Service (IRS) clearly states that the key difference lies in control:
If the payer only has the right to direct or control the result of the work, but not the way the work is completed, then the service provider is an independent contractor.
Authorities usually judge from the following three dimensions:
Once your “contractor” is determined to be a de facto “employee,” you will face a series of severe penalties, including:
In recent years, lawsuits in California against gig economy companies (such as cases against WorkWhile and Scale AI) have sounded the alarm, and regulatory scrutiny of misclassification is becoming unprecedentedly strict. Unless you can ensure that the cooperative relationship fully complies with the local legal definition of independent contractors, this is by no means a safe long-term option.
If you plan to make long-term, in-depth strategic investments in a country and hire a large number of employees, establishing a local legal entity (such as a subsidiary) is the ultimate choice. This provides you with the greatest operational autonomy and brand presence.
However, this path also means the highest investment and the most complex management.
Upfront investment: Establishing an entity itself is a time-consuming and expensive process. Take setting up a company in Germany or Japan as an example, you need to be prepared to deal with the following costs and timelines:
| Location | Company Type | Minimum Registered Capital (USD) | Estimated Setup Cost (USD) | Estimated Timeline |
|---|---|---|---|---|
| Germany | GmbH (Limited Liability Company) | Approximately $27,000 | Several thousand dollars | 2-8 weeks |
| Japan | Godo Kaisha (Limited Liability Company) | $1 | $1,000 - $1,800 | 4-8 weeks |
Ongoing costs and compliance burden: The operational costs of an entity go far beyond this. You need to build or outsource a local team to handle:
In summary, establishing a local entity is a major strategic decision that requires you to invest significant funds, time, and management effort. It is suitable for companies that have validated market potential and are ready to fully take root.
After understanding the three mainstream solutions—EOR, independent contractor, and establishing a local entity—you may ask: which one is my optimal solution? The answer depends on your specific situation. There is no one-size-fits-all perfect answer, but through a clear decision-making framework, you can find the path that best suits your company’s current stage and future goals.
Before making a choice, take time to assess your core needs. The following checklist will guide you to self-reflect from four key dimensions to clarify your direction.
Your Global Expansion Decision Checklist
- Business Scale and Complexity
- How many employees do you plan to hire in the target country? (1-5 people? Or more than 20?)
- What is your current payroll process? What systems do you use (such as HCM, time tracking)?
- Do you need integrated reporting and data analytics to view global labor costs?
- Market Strategy and Speed
- Is your goal to quickly test the market or make long-term strategic investments?
- How important is the speed of entering the market? Can you accept a months-long entity setup process?
- Have you clearly defined business goals and key performance indicators (KPIs) to measure success?
- Budget and Cost Expectations
- How much budget have you prepared for initial international hiring?
- Have you considered hidden costs beyond salary, such as legal consulting fees, administrative fees, and mandatory benefits?
- Do you value lower upfront investment more, or lower long-term operating costs?
- Risk Tolerance
- How confident are you in handling complex tax and labor regulations?
- Is your company in a highly regulated industry such as finance or healthcare?
- How do you assess the financial and reputational risks that could arise from employee misclassification or data breaches?
After completing this checklist, you will have a clearer picture of your needs, allowing you to proceed to the next step of scenario analysis with greater confidence.
Different business scenarios determine different optimal solutions. Let’s look at two typical company profiles.
Scenario One: Rapidly Expanding Startups or SMEs
If your company is in a rapid development phase, hoping to enter multiple new markets within months, hiring only a few core employees in each market. Your primary goals are speed and flexibility, while minimizing upfront investment and compliance risks.
Scenario Two: Long-Term Deep Cultivation by Large Multinational Companies
If your company is already a mature multinational enterprise, planning long-term, large-scale investment in a country, and hiring dozens or even hundreds of employees. Your goal is to establish a solid local business, achieve brand localization, and have full control over human resources and payroll.
Finally, any business decision cannot be separated from the trade-off between costs and risks. When choosing an overseas payroll solution, you need to find the best balance between budget and compliance.
Cost Considerations: Visible and Invisible
Direct cost comparisons are very intuitive. Taking hiring one employee as an example, the cost structures of different solutions vary greatly.
| Cost Dimension | Employer of Record (EOR) | Establishing Local Entity |
|---|---|---|
| Upfront Investment | Low (only service fees) | High (registered capital, lawyer fees, office leasing, etc., up to tens of thousands of dollars) |
| Monthly Fixed Costs | Predictable (service fees usually $199 - $699/person/month) | Higher (local team salaries, office rent, administrative maintenance fees) |
| Management Effort | Extremely low | Extremely high (need to manage local finance, legal, and HR teams) |
Note: When budgeting, do not focus only on direct costs. After establishing an entity, ongoing compliance maintenance, annual audits, and legal consulting are all “hidden” expenses that must be considered](https://www.lano.io/blog/how-to-calculate-employment-costs-when-hiring-abroad). For startups, these expenses can quickly deplete precious cash flow.
Risk Assessment: Costly "Shortcuts"
In overseas operations, the greatest risk is always compliance risk. Wrong decisions can lead to devastating financial penalties.
The U.S. Internal Revenue Service (IRS) stipulates that failure to file payroll taxes on time can result in penalties starting from 2% of the unpaid tax per month, escalating to 25%. If deemed intentional, the consequences may go beyond fines and even involve personal legal liability.
When choosing your payroll solution, you must assess the following risks:
For most companies, transferring these complex risks to professional EOR providers is the optimal solution to ensure safety and focus on development. It allows you to enjoy the dividends of globalization without becoming a legal and tax expert in every country.

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After choosing an EOR service, you will find that the entire overseas payroll process is simplified into three clear steps. This process transforms complex cross-border employment into a standardized, predictable workflow, allowing you to focus on the business itself.
Your first step is to choose a reputable EOR provider with strong technology and compliance capabilities. When selecting, you need to pay special attention to its data security capabilities, ensuring the provider complies with international standards such as the EU General Data Protection Regulation (GDPR) and ISO 27001.
After selecting the provider, you need to provide basic information about the new employee and the company to start the onboarding process with EOR. This usually includes:
The EOR provider will use the information you provide to draft an employment contract that fully complies with the target country’s labor laws. This contract will include all mandatory clauses required by local laws, effectively protecting the rights of you and the employee.
Taking hiring in Brazil as an example, the contract will clearly specify locally unique clauses:
| Clause Example (Brazil) | Description |
|---|---|
| Probation Period | No more than 90 days, during which either party can terminate the contract as per regulations. |
| Working Hours | Standard 44 hours per week, with overtime paid at least 1.5 times. |
| Mandatory Benefits | Must provide transportation subsidies, meal subsidies, and comply with collective bargaining agreements (CBA). |
| Contract Termination | Must comply with a 30-day notice period and may need to pay severance. |
In each payroll cycle, EOR will automatically generate payslips that comply with local regulations for you. The provider is responsible for accurately calculating wages, handling all statutory withholdings, social security contributions, and ensuring benefits meet local minimum standards.
This is the simplest step. You do not need to manage bank accounts in multiple countries or handle complex currency conversions. The EOR provider will send you a unified invoice containing all employee salaries, taxes, and management fees.
You only need to pay this one amount. EOR will handle all subsequent matters, including currency conversion and distributing salaries to each employee’s local bank account.
Professional EOR platforms usually have built-in multi-currency payment systems, which can lock in favorable exchange rates to reduce financial risks from exchange rate fluctuations. Ultimately, your employees will receive accurate salaries in local currency on time, with the entire experience as smooth as local payroll.
At the crossroads of global expansion, you need a solution that balances speed, compliance, and cost. For most companies, Employer of Record (EOR) is the optimal solution to achieve this balance. It frees you from tedious administrative tasks, allowing you, like some successful tech startups, to shorten time to market by months and focus on core business growth. The continued growth forecast of the EOR market also confirms its value. Now, use the decision-making framework in this article to assess your needs, choose the path that best suits you, and make your globalization journey simpler and safer.
EOR (Employer of Record) is the legal employer of your employees, suitable for situations where you have no local entity. PEO (Professional Employer Organization) co-employs employees with your local entity, sharing HR management responsibilities. You need a local company to use PEO services.
EOR service fees are usually calculated as a fixed amount per employee per month, such as $199 to $699. Some providers may also charge a percentage of the employee’s salary. This fee covers all costs of payroll management, compliance assurance, and administrative support.
As the legal employer, EOR bears the primary employment compliance risks. This includes ensuring contracts, taxes, and termination processes comply with local laws. You need to provide accurate employee information and comply with the management responsibilities agreed in the contract.
Using EOR, you can usually complete the onboarding of a new employee in a few days to two weeks. The specific time depends on the regulatory complexity of the target country and the employee’s cooperation speed. This is much faster than the months required to establish a local entity.
*This article is provided for general information purposes and does not constitute legal, tax or other professional advice from BiyaPay or its subsidiaries and its affiliates, and it is not intended as a substitute for obtaining advice from a financial advisor or any other professional.
We make no representations, warranties or warranties, express or implied, as to the accuracy, completeness or timeliness of the contents of this publication.



