Glossary · Definition

Employer of Record vs Staffing Agency: The Difference

An employer of record (EOR) is the legal employer that hires, pays and handles employment taxes, benefits and compliance for a worker who does the job for another company. A staffing agency also finds the worker. ApTask offers both: Payroll Solutions is its EOR service, and Strategic Workforce Staffing recruits and employs contractors under one agreement.

Last updated · By ApTask Editorial Team

Definition

Employer of record(EOR) — An employer of record (EOR) is the legal employer that hires, pays and handles employment taxes and compliance for a worker who does the job for another company.

EORs let companies hire where they have no legal entity. It is distinct from an IRS-certified professional employer organization, a co-employment arrangement (IRS CPEO (external source)). See Payroll Solutions.

What does an employer of record do?

The EOR issues the locally compliant offer, runs payroll, withholds and deposits employment taxes, administers statutory contributions and benefits, and manages termination to local standards, while the client directs the day-to-day work. ApTask’s Payroll Solutions does this under one master agreement across every jurisdiction it covers, with onboarding usually under 5 business days.

The client receives one consolidated invoice; the employee receives a local-language, locally compliant payslip (Payroll Solutions).

How is an EOR different from a staffing agency?

A staffing agency recruits, screens and submits candidates and then employs or contracts the one you choose; an EOR employs a person you already found. The difference shows in the fee: a recruited placement carries the agency’s margin, while ApTask’s EOR and payrolling services bill a published waterfall or a flat margin.

Employer of record, payrolling and staffing agency compared, using ApTask’s published terms
DimensionEmployer of record (Payroll Solutions)Payrolling (Pass-Through Services)Staffing agency (Strategic Workforce Staffing)
Who finds the workerYouYouApTask
Who is the legal employerApTaskApTaskApTask (W-2) or the contractor’s entity (1099 / C2C); you, for a direct hire
Typical useHiring where you have no legal entityA contractor you already sourcedContract, contract-to-hire and direct hire roles
Fee basisA bill-rate waterfall disclosed before signingA flat 10–20% of the bill rate; no recruitment feeA fully loaded hourly bill rate with the margin disclosed, or a one-time direct-hire fee
Published timingOnboarding usually under 5 business daysOn payroll within 3 business days for most US engagementsShortlist within 48 hours (contract) or 5 business days (direct hire)

What is the difference between an EOR and a PEO?

A PEO co-employs workers alongside your existing legal entity. An EOR is the sole legal employer where you have no entity of your own, which is why companies entering a new country use an EOR first. The IRS runs a separate certification program for professional employer organizations, so the two are also distinct in tax law.

See the IRS’s certified professional employer organization program (external source) for the co-employment arrangement, and ApTask’s Payroll Solutions FAQ for when an EOR fits.

When should you use an employer of record?

Use an EOR when standing up a legal entity would take longer than the hire can wait: entering a new market with one or two hires, legally employing a team you acquired abroad, or consolidating country-by-country employment into one invoice. Most clients later move the employees onto their own entity, typically over six to twelve months.

  • Hiring in a country where incorporating would take longer than the hire can wait.
  • Testing a new market with one or two hires before committing to a subsidiary.
  • Legally employing a team acquired abroad, fast.
  • Replacing jurisdiction-by-jurisdiction employment law with one consolidated invoice.

Sources

  1. IRS — Certified professional employer organization

Frequently asked questions

Is an EOR the same as payrolling?

Payrolling (pass-through) is for a contractor you already sourced. EOR is for hiring a new employee in a country where you have no legal entity, with ApTask as the sole legal employer for the full employment lifecycle.

What does an EOR bill rate include?

Gross wages, employer-side statutory contributions, mandatory benefits, ApTask’s administrative margin and any in-country compliance fees — disclosed as a full bill-rate waterfall, with no trail fees or hidden surcharges.

Can EOR employees transfer to my own entity later?

Yes. Most clients use EOR as a beachhead while standing up a local entity over six to twelve months, and the transition mechanics are pre-built so the move is paperwork rather than a re-hire.

Who owns the IP an EOR employee creates?

You do. Every ApTask EOR employment agreement includes a present assignment of work-product IP to the client, drafted to be enforceable in the relevant jurisdiction and reviewed by local employment counsel per country.

Need this in practice, not just in theory?

Tell us the role, the program and the engagement model. A recruiter will map it to the right ApTask service and walk you through the terms.