Employer of Record vs. PEO: What’s the Difference and Which Do You Need?

TL;DR (Quick Summary)
An Employer of Record (EOR) is a company that legally employs workers on your behalf—handling payroll, taxes, compliance, and benefits—especially useful for global hiring. A Professional Employer Organization (PEO) is a co-employment partner that manages HR tasks but requires you to have a local legal entity.
- Choose an EOR if you want to hire in a country without setting up a legal entity.
- Choose a PEO if you already have an entity but want to outsource HR, payroll, and compliance.
In short: EOR = legal employer, PEO = HR partner.
Understanding the Confusion
If you’ve been searching online for HR outsourcing solutions, you’ve probably run into the EOR vs PEO services debate. Many businesses confuse the two because both help with HR, payroll, and compliance—but the difference between employer of record and PEO lies in who holds the legal employer status.
If you don’t get this difference right, you could choose the wrong model and face costly compliance mistakes or unnecessary setup expenses. Let’s clear things up once and for all.
Employer of Record (EOR) Meaning
An Employer of Record is a third-party organization that legally employs workers for you in another location. You manage the day-to-day work, but the EOR handles:
- Payroll and tax compliance
- Benefits administration
- Employment contracts
- Local labor law compliance
- Termination procedures
Key point: You do not need to set up a local legal entity. This makes EORs ideal for companies hiring in new markets or countries quickly.
💡 Example: You’re a U.S.-based software company wanting to hire a developer in the Philippines. You have no Philippine entity. An EOR legally hires the developer for you while you manage the work.
Professional Employer Organization (PEO) Meaning
A Professional Employer Organization is an HR outsourcing provider that works with you in a co-employment arrangement. You must have a legal entity in the location where you hire.
A PEO typically manages:
- Payroll processing
- Employee benefits and insurance
- Compliance support
- HR administration
- Workplace policies
Key point: You are still the legal employer. The PEO shares certain employer responsibilities but doesn’t replace your company’s legal status.
💡 Example: You own a marketing agency in the Philippines with 20 employees. A PEO helps manage payroll, benefits, and HR compliance so you can focus on growing the business.
PEO vs Employer of Record Comparison Table
Feature | Employer of Record (EOR) | Professional Employer Organization (PEO) |
Legal Employer | EOR | Your company |
Requires Local Entity | ❌ No | ✅ Yes |
Best For | Global hiring without an entity | Local HR support for existing entity |
Compliance Responsibility | EOR handles it fully | Shared with your company |
Payroll & Taxes | Managed entirely by EOR | Managed by PEO for your entity |
Employment Contracts | Issued by EOR | Issued by your company |
Which is Better: EOR or PEO?
There’s no universal “better” option—it depends on your business situation.
Choose an EOR if:
- You’re hiring in a new country without a legal entity.
- You need to start hiring quickly.
- You want to minimize compliance risks.
- You have a global remote team.
Choose a PEO if:
- You already have a registered local entity.
- You want to outsource HR to focus on core operations.
- You want to offer competitive benefits without managing them in-house.
Benefits of Using an Employer of Record vs PEO
- EOR: Faster market entry, no entity setup costs, reduced compliance risks.
- PEO: Deep HR support, shared employer responsibilities, employee benefit programs at scale.
When to Choose a PEO Instead of an EOR
A PEO is the better option when you already have a local legal entity but need to:
- Simplify payroll and benefits management.
- Access better insurance rates through group buying power.
- Improve HR compliance without hiring a large internal HR team.
How Employer of Record Works Compared to PEO
- EOR: Acts as the sole legal employer in the country, covering all compliance.
- PEO: Acts as an HR and compliance partner, but you’re still legally responsible for the employees.
Cost Comparison: EOR vs PEO Services
- EOR costs are typically higher per employee because they include legal employment liability.
- PEO costs are lower but require you to maintain your own legal entity, which has setup and ongoing costs.
Global Hiring: EOR vs PEO Differences
For global hiring, EOR wins—you can hire employees anywhere without creating an entity. PEOs are limited to locations where you’re already registered as an employer.
HR Outsourcing: Employer of Record or PEO?
If your main challenge is entering new markets, EOR is best. If your main challenge is managing local HR and compliance for an existing entity, PEO is best.
FAQs
- What is an Employer of Record (EOR)?
An EOR is a third-party company that legally employs workers for you, handling payroll, compliance, and contracts—especially useful for global hiring without an entity. - What is a Professional Employer Organization (PEO)?
A PEO is an HR outsourcing company that works in a co-employment model with businesses that already have a legal entity. - What’s the main difference between an Employer of Record and a PEO?
The EOR is the legal employer, while the PEO is an HR partner. - When should a company choose an EOR over a PEO?
When hiring in a country where you don’t have a legal entity. - When is a PEO the better option?
When you already have a local entity and want to outsource HR management. - Can a business use both an EOR and a PEO at the same time?
Yes, large companies sometimes use both in different markets. - Which is more cost-effective: EOR or PEO?
PEOs can be cheaper if you already have a legal entity, but EORs save costs on entity setup and compliance risk. - Do EORs and PEOs both handle payroll and HR compliance?
Yes, but EORs do it as the legal employer, while PEOs do it for your company. - Is an EOR better for global hiring than a PEO?
Yes, EORs are designed for global expansion without local entity setup. - What industries benefit most from EOR services?
Tech, consulting, remote-first startups, and companies testing new markets. - What industries benefit most from PEO services?
Healthcare, construction, manufacturing, and mid-sized businesses with established operations. - Can a startup benefit from using an EOR instead of a PEO?
Absolutely—especially if the startup wants to hire globally without complex legal setups. - How does the contract relationship differ between EOR and PEO?
With an EOR, the employment contract is between the EOR and the worker. With a PEO, the contract is between your company and the worker. - Which offers more flexibility in hiring: EOR or PEO?
EOR, because you can hire anywhere without creating a local entity. - What legal responsibilities do companies have under EOR vs PEO agreements?
EOR takes on most legal responsibilities. PEO shares them with your company.
Final Takeaway
The EOR vs PEO services decision boils down to your business structure, hiring plans, and geographic goals.
- Go with EOR if you want to enter new markets fast without setting up an entity.
- Go with PEO if you already have an entity and need expert HR outsourcing.
Making the right choice will save you time, money, and legal headaches—and ensure your team is supported wherever they are.