Localisation Global

Overseas Employment and Local Entities

Hiring two people through an EOR is the usual first move abroad. The problem: the contract is theirs, the management is yours — and permanent establishment and joint employer risk surface two years later.

Entering a country starts with a question: in whose name?

The first decision abroad is not which country, but in whose name you trade and in whose name you employ. Those two answers determine tax residence, which labour law applies, where liability sits, and whether you can leave cleanly.

Three common routes:

Incorporate locally. A separate legal entity that can invoice, contract and employ, with the cleanest liability separation. The cost is incorporation, bookkeeping and audit, local director or registered address requirements, and a liquidation process on exit.

Use an EOR. The employee contracts with the EOR, which pays salary, withholds tax and handles social contributions, while you retain day-to-day management. Fast to start and no entity needed — but “contract with the EOR, managed by you” triggers two risks at once: joint employer and permanent establishment.

Secondment. Send staff from the Chinese entity on a local work visa. Suitable for short projects or executive rotation, but visa category, duration and local social security obligations are hard constraints.

AI companies carry one more layer: engineers crossing borders usually carry data and technology with them. The employment plan and the data export plan must be designed together, or you end up with people on site and no lawful data path — or the reverse.

What we do


Typical situations

Situation 1: Two years of EOR hiring treated as a permanent establishment

Three sales staff in Germany are employed through an EOR. The contract is with the EOR, but day-to-day work, client visits and pricing decisions are directed by the China team. Two years later the tax authority finds a permanent establishment and assesses corporate income tax.

Our approach: define service boundaries and decision authority in the EOR agreement so staff do not conclude contracts in the company’s name; and where substance already creates a fixed place of business, file proactively rather than wait for an audit.

Situation 2: Entire US team on 1099, reclassified as employees

To save cost, the US team is engaged as independent contractors, yet works fixed hours, uses company email and attends internal stand-ups. The state labour authority finds an employment relationship and assesses payroll tax and penalties.

Our approach: reclassify against the control test, converting to W-2 employment or moving to an EOR; assess voluntary payment for the historical period to avoid collective action exposure.

Situation 3: Singapore EP renewal refused, delivery at risk

Two core engineers hold Employment Passes. Renewal fails because the company’s local workforce ratio and salary levels do not meet COMPASS scoring. The delivery deadline is close and the staff cannot remain.

Our approach: model the renewal score six months ahead, improve it through local hiring, salary adjustment or role restructuring, and prepare fallbacks such as local entity employment or remote arrangements.


Process and deliverables

StageWorkDeliverables
1Substance assessment, route and entity selectionOptions comparison + cost model
2Incorporation or EOR engagementRegistration documents + EOR contract review
3Localising employment documentsEmployment contract + handbook + confidentiality and non-compete
4Secondment and visa executionVisa checklist + secondment plan
OngoingCompliance upkeep, termination and exitAnnual compliance checklist + termination plan

Frequently asked

Can an EOR be used long term? Technically yes, commercially not advisable. Cost accumulates, and an EOR cannot invoice, hold licences or contract independently. Once the business is real, an entity is needed.

Does using an EOR create a permanent establishment? There is risk. The test is whether staff conclude contracts in your name, under your direction, on a continuing basis. Contractual form does not override business substance.

Entity first or hire first? With committed customers and revenue, incorporate first; for market testing, an EOR is better. The dividing line is whether you are continuously operating and earning locally.

Is dismissal difficult locally? Continental Europe generally provides dismissal protection and consultation procedures. In Germany the Dismissal Protection Act applies to employers with more than ten employees, and procedural defects can invalidate a dismissal. Documentation must be maintained in ordinary course.


Frequently Asked Questions

Direct hire or employer of record?

An employer-of-record arrangement is faster to start but costlier; a local entity becomes more economical once the team stabilises, and data processing terms still need review.

What local labour law traps exist?

Dismissal protection, probation, overtime and social contributions are frequent disputes, and many countries do not allow freely agreed probation lengths.

What visa do seconded staff need?

A work or intra-corporate transfer permit depending on the role; a short-term business visa cannot substitute for a work permit.

Further Reading

Rule changes, enforcement cases and practical judgments around this service, listed in publication order.

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