Three models let you put someone to work without hiring them onto your own payroll: an Employer of Record (EOR), a PEO and a staffing agency. They get pitched interchangeably, they overlap in the middle, and picking the wrong one is expensive — you either pay for coverage you don’t need, or you discover twelve months in that nobody was legally the employer of the person doing your work.
The fastest way to tell them apart is to ask two questions: who signs the employment contract, and who found the person. This guide answers both for all three models, compares them line by line, puts real numbers against each, and gives you a decision framework. We’re an EOR and global payroll provider ourselves, so we’ll also be straight about where we’re the wrong answer.
EOR vs PEO vs staffing agency: the short answer
An EOR legally employs your worker in a country where you have no entity. A PEO co-employs your workers inside an entity you already own — a US model, in practice. A staffing agency finds the worker and employs them on its own books, usually for temporary or project work.
Put another way: an EOR solves a country problem, a PEO solves an HR admin problem, and a staffing agency solves a sourcing problem.
| EOR | PEO | Staffing agency | |
|---|---|---|---|
| Legal employer | The EOR | Co-employment: you and the PEO | The agency |
| Do you need a local entity? | No | Yes | No |
| Who finds the person? | You do | You do | The agency |
| Geography | Global | Mainly the US | Usually one country |
| Typical duration | Permanent, ongoing | Permanent, ongoing | Weeks to months |
| Solves | Hiring where you have no entity | HR, benefits and payroll admin at home | Filling a role fast, temporarily |
What is an Employer of Record (EOR)?
An Employer of Record is a company that becomes the legal employer of your worker in a country where you have no legal entity. The EOR holds the employment contract, runs local payroll, withholds tax, pays statutory social contributions, provides compliant benefits and carries the employment-law liability. You still choose the person, manage their work, set their objectives and decide when the relationship ends.
You’d use an EOR when you have found someone in Germany, India or Brazil, you want them employed properly, and setting up a subsidiary to employ one or two people makes no sense. Typical onboarding is days to a couple of weeks, against months for entity incorporation.
What an EOR is good at:
- Hiring in a new market without incorporating — and exiting it again cleanly if it doesn’t work
- Absorbing employment-law, payroll-tax and misclassification risk in jurisdictions you don’t know
- Converting contractors into employees where local law says they should have been employees all along
- Long-term, permanent headcount — an EOR relationship can run for years
Where an EOR is the wrong answer: if you already have an entity in that country and just want help running payroll, you want global payroll, not an EOR — an EOR would be paying for a legal structure you already have. If you need 200 warehouse staff for a six-week peak, you want a staffing agency. And if the person is genuinely an independent business serving several clients, a contractor of record is the cheaper, correct fit.
What is a PEO (Professional Employer Organisation)?
A PEO enters a co-employment relationship with you. You remain the employer for hiring, direction and termination; the PEO becomes the employer of record for payroll taxes, benefits administration and workers’ compensation, and pools your headcount with its other clients to buy benefits at a scale you couldn’t reach alone. Our explainer on what a PEO is goes deeper into the mechanics.
The critical constraint: a PEO requires you to already have a legal entity in the country, and co-employment as a legal structure is essentially a United States construct. Most other jurisdictions do not recognise two entities sharing employer status over one worker. That single fact explains most of the confusion in this category.
Use a PEO when: you have a US entity, a growing domestic team, and you want better health benefits and less HR administration than you can manage in-house. Don’t use a PEO when: you have no entity in the country — it is not structurally possible, no matter what the sales deck says.
What is an international PEO — and why it's usually an EOR
Search for “international PEO” or “global PEO” and you’ll find dozens of providers. In almost every case, what they are selling outside the US is an EOR. Because co-employment isn’t recognised in most countries, the provider has to become the sole legal employer — which is the definition of an international PEO in practice.
So “international PEO” is largely a naming convention, not a distinct legal model. That matters commercially for one reason: the label tells you nothing, so judge the provider on structure instead. Ask whether they employ through their own entity in that country or sub-contract to a third party, whether the contract is compliant with local labour law, and who carries liability if the arrangement is challenged. Two providers both calling themselves an “international PEO” can be completely different risks.
The one place the distinction is real is the US. A domestic US PEO is genuinely co-employment inside your entity. An international PEO / EOR is sole employment inside theirs. If a provider blurs those two, that is a useful signal about how carefully they handle everything else.
What is a staffing agency?
A staffing agency recruits workers and places them with you on assignment. The agency sources the candidate, employs them on its own payroll, and bills you an hourly or daily rate that includes its margin. You direct the day-to-day work; the agency handles employment and gets paid for solving the sourcing problem as much as the employment one.
Arrangements usually take one of three shapes: straight temporary cover, contract-to-hire (the worker converts onto your payroll after a set period), or permanent placement, where the agency simply recruits and charges a one-off fee. Adjacent labels you’ll see in the same space include remote staffing, contingent workforce and — in the UK and Ireland especially — umbrella companies.
Staffing agencies win on: speed (a role can be filled in 24–48 hours), no long-term commitment, seasonal and project surges, and roles where you need the agency’s candidate pipeline rather than your own.
They struggle with: long, permanent, strategic hires — the markup compounds every hour; international hiring, since most agencies operate in one country; and jurisdictions that actively cap or licence labour leasing. In Germany, supplying a worker to a client who directs their work is Arbeitnehmerüberlassung, which requires a Bundesagentur für Arbeit licence and is capped at 18 months per worker with the same client. China caps dispatched labour at 10% of a company’s workforce. If your plan is “temporary agency worker for three years”, several countries will disagree.
EOR vs PEO vs staffing agency: full comparison
| Dimension | EOR | PEO | Staffing agency |
|---|---|---|---|
| Legal employer | The EOR, solely | Shared (co-employment) | The agency, solely |
| Local entity required | No | Yes | No |
| Geographic reach | Global — 100+ countries | Mainly the US | Usually single-country |
| Recruitment included | No — you source | No — you source | Yes, that’s the core service |
| Worker type | Permanent employees | Permanent employees | Temporary, contract, temp-to-hire |
| Who directs the work | You | You | You |
| Benefits | Statutory + local market benefits | Pooled large-group plans | Agency’s own, often minimal |
| Compliance risk sits with | The EOR | Shared | The agency |
| Speed to onboard | Days to ~2 weeks | Weeks (setup), then immediate | 24–48 hours |
| Typical commitment | Ongoing, per employee | Annual contract | Per assignment |
| IP and confidentiality | Assigned to you by contract | Yours — you’re an employer | Needs explicit contractual cover |
| Best for | Permanent hires in new markets | Domestic HR and benefits scale | Short-term capacity |
What each model costs
The three price on completely different bases, which is why headline comparisons mislead. An EOR fee looks large next to a PEO percentage until you remember the PEO number sits on top of an entity you’re already paying to maintain, and the staffing markup is charged on every single hour worked.
| Model | How it’s priced | Typical market range | What sits on top |
|---|---|---|---|
| EOR | Flat fee per employee per month, or a % of salary | Roughly $200–$900 per employee per month depending on country, or about 10–15% of total compensation | Gross salary + employer social contributions (see below) |
| PEO (US) | % of gross payroll, or per employee per month | Roughly 2–12% of payroll, or about $80–$200 per employee per month | Salary, benefits, and the cost of running your own entity |
| Staffing agency | Markup on the worker’s hourly/daily rate | Roughly 25–75% markup, charged on every hour | Nothing extra — but the markup never stops |
| Your own entity | Incorporation + ongoing compliance | Roughly $20,000–$150,000 upfront in legal, tax and administrative fees | Accounting, filings, local directors, payroll |
Employer social contributions are the part people forget, and they dwarf the service fee. As a rough guide by region: Western Europe 25–45% of salary, Latin America 20–40%, South East Asia 10–20%, North America 8–15%. Those are statutory — you pay them under any model, including your own entity. We break the arithmetic down properly in our guide to how much an EOR costs.
The practical read: for one permanent hire in a country where you have nothing, an EOR is almost always cheaper than incorporating. For a six-week surge, a staffing markup is cheaper than either. And for a five-year hire, the staffing markup will quietly become the most expensive option on this page.
Not sure which model fits? Get a straight answer in 20 minutes.
Tell us the country, the role and how long you need it, and we’ll tell you whether an EOR, a PEO, a staffing agency or your own entity is the right call — including when it isn’t us. In-country specialists, a named team, 150+ countries.
Which model should you choose?
Four questions settle it in most cases.
1. Do you have a legal entity in that country? No → EOR or staffing agency. Yes → PEO or global payroll.
2. How long do you need the person? Under six months → staffing agency. Ongoing or permanent → EOR or PEO.
3. Have you already found them? Yes → EOR or PEO. No, and you need a pipeline → staffing agency (then consider moving them onto an EOR once you’ve chosen someone).
4. Is the role core to your business? Core, strategic, IP-sensitive → employ them properly via EOR or your own entity. Peripheral or cyclical → staffing.
Some common situations, resolved:
- “We found a great engineer in Poland and we have no entity there.” → EOR.
- “We have a US entity and 60 staff, and our health benefits are uncompetitive.” → PEO.
- “We need 30 people for a warehouse peak in November.” → Staffing agency.
- “We have entities in five countries and payroll is a mess.” → Global payroll, not an EOR.
- “Our contractors in Spain look a lot like employees and legal is nervous.” → EOR, to convert them compliantly.
- “We want to test Japan for a year before committing.” → EOR, precisely because exiting is clean.
Can you use more than one model at once?
Yes, and most companies at scale do. The combinations that work well:
- Staffing agency + EOR. The agency sources the candidate; once you’ve chosen them, the EOR employs them permanently. You pay a one-off placement fee instead of an hourly markup forever.
- EOR + own entities. Use an EOR in markets with one or two people, run your own entities where headcount justifies it, and move countries from one to the other as they grow.
- PEO at home + EOR abroad. A US company keeps its domestic team on a PEO and hires internationally through an EOR.
- EOR + contractor of record. Employees via EOR, genuine independent contractors via a contractor of record that verifies classification.
The one combination to avoid is running the same population under different models in the same country without a clear rationale. That is exactly the pattern auditors and labour inspectors look for.
Five mistakes companies make choosing between them
- Believing “global PEO” is a distinct legal model. Outside the US it is an EOR. Judge the structure, not the label.
- Using a staffing agency for permanent roles. A 40% markup on a five-year hire costs more than an entity would have.
- Assuming the provider carries the risk automatically. With a staffing agency, co-employment and joint-liability claims are common — read who indemnifies whom.
- Ignoring duration caps. Germany’s 18-month Arbeitnehmerüberlassung limit and China’s 10% dispatch cap are two of many. “Temporary” has a legal ceiling in a lot of places.
- Buying on platform demos rather than in-country capability. A slick dashboard doesn’t file a Brazilian eSocial return or defend a German audit.
Choosing a provider: what to ask before you sign
Whichever model you land on, these questions separate the providers that will hold up from the ones that won’t:
- Do you employ through your own entity in this country, or sub-contract to a local partner? (Sub-contracting isn’t disqualifying, but you should know.)
- Who is named on the employment contract, and who indemnifies us if it’s challenged?
- Do we get a named contact with in-country expertise, or a ticket queue?
- What is included, and what triggers an extra fee — offboarding, severance, benefits, expenses, currency conversion?
- What happens when we outgrow this and want our own entity? Can you help us transition, or does the relationship just end?
- How do you handle termination, notice and statutory severance in this jurisdiction?
Our comparison of the best Employer of Record providers walks through how the main options score on exactly these points.
Where TopSource fits
We’re an Employer of Record and global payroll provider, not a staffing agency — we don’t recruit, and we don’t pretend co-employment works outside the US. What we do is employ your people compliantly in the countries where you have no entity, and run payroll in the ones where you do.
The difference we’d point to is service model. A lot of this market is sold as software, where you get a portal and a support queue. We pair the platform with in-country payroll and HR specialists and a named account team, because the questions that actually matter — can we terminate this person, is this benefit mandatory, will this contract survive an audit — don’t get answered by a dashboard.
If you’re still deciding between the three models, talk to our team. If the answer is a staffing agency, we’ll tell you that too.