Employer of Record vs Contractor: What International Developers Should Know

Suman SharmaSuman Sharma

When a European or US company hires you from another country, they'll usually offer one of two arrangements: contractor or employer of record (EOR). They feel similar day to day. Legally and financially they're quite different.

Side by side

ContractorEmployer of Record
Legal employerNobody. You're a businessThe EOR in your country
ContractServices agreementLocal employment contract
TaxesYou file and payWithheld through payroll
Statutory benefitsUsually nonePer local law (leave, social security, etc.)
TerminationPer contract noticePer local employment law
Admin for youInvoicing, bookkeepingMinimal
RateOften higher headlineLower headline, more benefits

When contracting suits you

  • You want flexibility and possibly multiple clients
  • You're comfortable with invoicing and taxes
  • You can price in your own benefits and gaps (day rate maths)

When EOR suits you

  • You want employee protections and benefits
  • You prefer simple payroll
  • You plan to stay with one company long-term

Misclassification

If you work full-time, exclusively, under the company's direction, on their schedule, with their equipment, you may look like an employee legally, regardless of what the contract says. Rules differ by country. This is mostly the company's risk, but it can affect you, so it's worth understanding.

Questions to ask the company

  1. Why this model? Can the other be offered?
  2. For EOR: which provider, what benefits, what notice?
  3. For contractor: payment terms, currency, who covers transfer fees?
  4. IP ownership and confidentiality terms?
  5. Equipment and expenses?

Frequently asked questions

What is an employer of record?

A company that legally employs you in your country on behalf of another company. It handles local payroll, taxes, and statutory benefits, while you work for the client company day to day.

Do contractors earn more?

Contractor rates are often higher on paper, but contractors pay their own taxes, benefits, and equipment, and have less job security. Compare total value, not headline pay.

What is misclassification?

When someone working like an employee is treated as a contractor. It can create legal and tax risks for the company, and sometimes for the worker, depending on local law.

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