Employer of Record vs Agent of Record: Differences & Uses

The key difference between an employer of record (EOR) and an Agent of Record (AOR) lies in ownership, representation, and administrative burden.

An EOR acts like an external HR department that uses its own identity and employs workers for third parties, while an AOR only helps with administrative tasks. AOR is highly useful when you have many employees but a small internal HR team.

Both EOR and AOR are useful and boost company performance, but in different scenarios. To understand the key differences between the two, we need to know what they are, what each service covers, and when to use them.

This approach not only elaborates on the differences but also helps in choosing the right type of service for your needs.

Picture of Peter J. Heidinger
Peter J. Heidinger

Author

Picture of Leah Maglalang
Leah Maglalang

Co-author

Employer of Record vs Agent of Record: Differences & Uses
Employer of Record vs Agent of Record: Differences & Uses

Employer of Record vs Agent of Record: Differences & Uses

The key difference between an employer of record (EOR) and an Agent of Record (AOR) lies in ownership, representation, and administrative burden.

An EOR acts like an external HR department that uses its own identity and employs workers for third parties, while an AOR only helps with administrative tasks. AOR is highly useful when you have many employees but a small internal HR team.

Both EOR and AOR are useful and boost company performance, but in different scenarios. To understand the key differences between the two, we need to know what they are, what each service covers, and when to use them.

This approach not only elaborates on the differences but also helps in choosing the right type of service for your needs.

Picture of Peter J. Heidinger
Peter J. Heidinger

Author

Picture of Leah Maglalang
Leah Maglalang

Co-author

Table of Contents

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Leah Maglalang

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What Is an Employer of Record (EOR)?

An EOR is a third-party organization that employs workers on your behalf but uses its own local resources.

You do not need to register a local company or handle payroll, insurance, or contracts, because an EOR service covers these. You get employees and assign day-to-day work responsibilities.

What an EOR Includes

There are seven responsibilities that an EOR assumes when you partner with it. Simply put, you get a full HR department with two extra benefits: it is an external company and operates under its own identity.

Main Responsibility

Task 1

Task 2

Task 3

Task 4

Payroll & Taxes

Salary processing

Tax withholding

Statutory filings

Local contributions

Employment Contracts & Documentation

Draft employment contracts

Review compliance clauses

Issue offer letters

Maintain employee records

Local Laws Compliance

Track labor laws

Follow country regulations

Ensure statutory benefits

Manage termination rules

Administrative Rules

Maintain HR paperwork

Submit government filings

Keep employee records

Enforce company policies

Employee Onboarding & Offboarding

Onboard new employees

Collect documents

Exit procedures

Final settlements

Workers’ Compensation & Insurance

Provide mandatory insurance

Ensure workplace coverage

Handle claims

Manage liability protection

HR & Employment Support

Employee queries

Leave management

Benefits support

Policy guidance

Risk & Liability Management

Monitor compliance risks

Prevent misclassification

Manage legal exposure

Protect employer liability

How an Employer of Record Works

Working with an EOR is super easy if it is experienced, reputable, and transparent. As most people do not know much about this service, their lack of awareness can make them feel overwhelmed by the partnering process. Let’s see how simple it is to partner with an EOR:

Client directs work

The hiring company understands the EOR, including its pricing structure and competitive advantages. It signs a contract, providing complete details about the employee it wants, including the required country and salary range.

Country infrastructure

The employer of record service provider analyzes the market and the target country. They create a detailed plan and evaluate their resources. They either have registered their own local entity or partnered with local companies. 

EOR employs legally

The EOR uses its resources to reach out to talented employees through local networks, job boards, and walk-in interviews, and after screening, it hires them. The EOR signs contracts with employees, becomes their legal employer, and also connects them with the hiring company.

Shared responsibilities

After hiring, the responsibilities of an EOR do not end. The EOR manages payroll, taxes, administrative tasks, and all other responsibilities mentioned in the above table.

Example of an Employer of Record

A U.S. software company that has recently received Series B funding wants to expand its team globally. Their software helps manage payroll, timesheets, invoices, and other administrative tasks. They need a team of writers, SEO specialists, and advertising specialists who are familiar with these tools and have experience in SaaS or multiple niches.

They contact an EOR and communicate their requirements to the provider. Within one week, the EOR provides a team, and the work begins. If they have to hire the team themselves, the process can take several months. 

What Is an Agent of Record

What Is an Agent of Record

An Agent of Record is a person or company that performs work for your company as a contractor, not as an employee. Their core responsibilities are to complete the administrative tasks that you assign to them.

They function like a helper who takes over some of your tasks and completes them with your permission and resources. That’s it.

What an Agent of Record Includes

An Agent of Record can help coordinate a wide range of tasks in your company, but only administrative tasks. Their tasks can be divided into two types: internal support, such as handling paperwork, and coordination with external authorities. 

Paperwork & Documentation

An Agent of Record helps in paperwork and documentation required between an employer and employee. These include, but are not limited to, contracts, employee forms, and document filings. 

Payroll Coordination

Handling salary records is not an easy task, and even a small inaccuracy can lead to legal penalties. So, an agent of record validates the payroll, tracks taxes, and verifies the salaries.

Benefits Administration

Each employee role has its own benefits provided by the company. AORs also help manage these benefits and provide support for enrollment, vendor coordination, and policy management. 

Compliance Filings

There are multiple documents that must be filled out and submitted to different departments. AORs reduce the burden by helping with government submissions, regulatory reporting, and legal compliance.

HR Support & Guidance

HR personnel have to manage employee queries about work, policies, and leave. When the number of employees is high and the HR department is small, an AOR comes into play.

Insurance Coordination

When an Agent of Record enters into insurance coordination, they help with policy liaison, claims support, and track renewals. 

How an Agent of Record Works

The role of an AOR is like a helper and coordinator. They use your company, identity, and resources to complete assigned tasks and do not make independent decisions. They act only under your instructions. Here is how they work:

Acting on Your Behalf

An AOR acts on your behalf. This means they do not have their own local entity or legal structure to complete your tasks and rely on your company when helping you. They execute tasks, follow instructions, and represent your company.

Coordinating with Authorities

They are experts in government filings, local regulations, and official communications. This expertise ensures the process is completed with minimal errors.

Supporting HR Processes

Once you partner with an AOR, they first complete your assigned internal tasks, then coordinate with authorities, and then support HR processes. This support includes document collections, onboarding, and offboarding. 

Following Company Instructions

AORs do not make decisions and do not create their own rules or instructions when executing client tasks. They adhere to compliance requirements and follow administrative instructions.

Maintaining Legal Oversight

Although AORs have multiple tasks, their core responsibility is maintaining legal oversight. They monitor risks, review policies, and perform regular oversight.

Example of an Agent of Record

You have a company with twenty employees in different countries, and you also have an on-site team. Although you have seven members in an administrative department, there is still a lot of work to be done. 

In this situation, you partner with an AOR, and they start completing your pending administrative tasks. So, it is simple.

When to Use an Employer of Record vs an Agent of Record (Quick Decision Guide)

When to Use an Employer of Record vs an Agent of Record (Quick Decision Guide)

Selecting a service depends heavily on the needs of a company.

Does that mean you must have a long list of needs to find the right service?

Not really. Below is the quick decision guide that can help you choose the right one. 

 

If you want to…

Choose this

Hire employees in a country where you have no entity

EOR

Legally employ workers without setting up a company

EOR

Outsource payroll, taxes, and labor law compliance

EOR

Transfer employment and compliance risk

EOR

Replace internal HR completely

EOR

Hire quickly across borders

EOR

Test a new market before long-term expansion

EOR

Keep full employer ownership

AOR

Use your existing legal entity

AOR

Get help with HR paperwork and administration

AOR

Execute HR tasks under your company name

AOR

Maintain control over hiring and HR decisions

AOR

Reduce operational workload, not legal responsibility

AOR

Key Differences Between Employer of Record and Agent of Record

EORAOR
Legal employerAuthorized agent
Hires employeesSupports hiring
Owns payrollCoordinates payroll
Handles complianceAdvises compliance
No entity neededEntity required
Assumes liabilityNo liability
Full HRAdmin support
Global hiringLocal support
Risk transferRisk retained

Employer of Record vs Agent of Record: Pros and Cons

Employer of Record (EOR)

Agent of Record (AOR)

Pros

Pros

No entity needed

Keeps employer control

Fast global hiring

Lower cost

Full compliance handled

Flexible support

Payroll & taxes covered

Uses existing entity

Legal risk transferred

Admin workload reduced

Cons

Cons

Higher cost

Entity required

Less legal control

No risk transfer

Dependency on the provider

Limited authority

Not ideal long-term

Still employer liable

Cost Comparison: Employer of Record vs Agent of Record

Cost Factor

EOR

AOR

Pricing model

Per employee

Service retainer

Typical range

Higher cost

Lower cost

Entity setup

Not required

Required

Payroll ownership

Included

Not included

Compliance liability

Included

Not included

HR coverage

Full scope

Limited scope

Legal risk cost

Transferred

Retained

Best cost fit

Short-term expansion

Ongoing operations

How to Choose: Checklist for Making a Decision

Decision Factor

EOR

AOR

No local legal entity

✔️

 

Need a legal employer

✔️

 

Want compliance risk transferred

✔️

 

Need full payroll & tax handling

✔️

 

Hiring internationally

✔️

 

Have a local entity

 

✔️

Want to remain a legal employer

 

✔️

Need admin support only

 

✔️

Want lower cost

 

✔️

Need execution under the company name

 

✔️

Conclusion

There is a chance you may need different types of services in your hiring process, such as contracting, common law employment, traditional hiring, PEO, staff agency, or umbrella company.

You can read full, in-depth articles to make the right decision, or schedule a free thirty-minute consultation call, and we’ll help you pick the right one.

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