Back to blog

Do You Lose Control of Your Employees with an EOR?

Posted on  Jul 25, 25 by James Kelly

    When companies first learn about Employer of Record (EOR) services, one question comes up more than any other: "If the EOR becomes the legal employer, do I lose control of my team?"

    It's a fair concern. After all, you're considering having a third party handle employment for your most valuable assets (your people). 

    But here's the reality. Using an EOR doesn't mean losing control of your employees. In fact, it often gives you more bandwidth to focus on what matters most—leading and developing your team.

    What Does "Legal Employer" Actually Mean?

    Let's clear this up right away. When an EOR serves as the legal employer, they handle the administrative side of employment:

    • Payroll processing and tax withholdings
    • Benefits administration
    • Employment contract compliance
    • HR regulatory requirements
    • Local employment law adherence

    What they don't control: Your day-to-day business operations, management decisions, or employee relationships.

    Think of it like this: if you hire a payroll company, they don't suddenly start managing your team's projects or performance reviews. An EOR works similarly. They just handle a broader range of employment administration.

    Who Actually Manages Your Employees Day-to-Day?

    You do. With an EOR arrangement, you retain complete control over:

    Work Direction and Management

    • Assigning projects and tasks
    • Setting deadlines and priorities
    • Managing daily workflows
    • Conducting team meetings

    Performance and Development

    • Performance reviews and feedback
    • Goal setting and career development
    • Training and skill development
    • Promotion decisions

    Cultural Integration

    • Team building and culture initiatives
    • Communication and collaboration standards
    • Company values and mission alignment
    • Internal processes and procedures

    Strategic Decisions

    • Compensation adjustments
    • Role changes and responsibilities
    • Termination decisions (though the EOR handles the legal process)

    How Does Performance Management Work with an EOR?

    One of the biggest concerns companies have is around performance management. Here's how it actually works:

    You handle the "what" and "how" while the EOR handles the "paperwork."

    If you need to put an employee on a performance improvement plan, you:

    1. Develop the performance plan
    2. Communicate expectations to the employee
    3. Monitor progress and provide feedback
    4. Make the final decision on outcomes

    The EOR ensures that any formal documentation meets local labour law requirements and handles the administrative aspects if termination becomes necessary.

    Can You Still Promote Employees Through an EOR?

    Absolutely. Promotions work exactly as they would with direct employment:

    • You decide who gets promoted and when
    • You determine the new role, responsibilities, and compensation
    • The EOR updates the employment contract to reflect the changes
    • They handle any payroll and benefits adjustments

    The employee remains part of your team culture and career development track. The EOR simply ensures the legal documentation stays compliant.

    What About Terminations?

    This is where having an EOR becomes even more valuable. You maintain control over termination decisions, but the EOR handles the complex legal requirements. Terminations are usually one of the most legally fraught areas of international employment and present the highest risk to businesses in terms of potential lawsuits, regulatory penalties, and financial exposure.

    Why Terminations Are So Risky Internationally

    Unlike the US, where at-will employment gives employers significant flexibility, most countries have strict employee protection laws. Get it wrong, and you could face:

    • Wrongful termination lawsuits that drag on for months
    • Statutory compensation that can be costly 
    • Regulatory fines for non-compliance with notice periods
    • Reputational damage in local markets

    For example, in the Netherlands, you need court approval before dismissing most employees. In France, termination procedures are so complex that even minor documentation errors can invalidate the entire process and restart the clock.

    How EOR Terminations Actually Work

    Here's the step-by-step process that protects both you and your business:

    1. You make the decision - Whether it's performance-related, redundancy, or misconduct, the termination decision remains entirely yours.
    2. EOR provides local guidance - They immediately advise on country-specific requirements like notice periods, severance calculations, and required documentation.
    3. Joint strategy development - You work together to plan the termination conversation, ensuring your messaging aligns with local legal requirements.
    4. You handle the conversation - You communicate directly with the employee (with EOR assisting or providing legal points to cover).
    5. EOR manages compliance - They handle notice periods, calculate statutory payments, process final payroll, and manage any required government notifications.

    Real-World Example of an Partnering With an EOR 

    Let's say you have a software developer in Germany employed through an EOR:

    Daily Reality:

    • They attend your team standups and sprint planning
    • You assign them tickets and review their code
    • They participate in your company Slack and use your development tools
    • You conduct their quarterly performance review

    Behind the Scenes:

    • The EOR processes their monthly payroll in Euros
    • They EOR handles German social security contributions
    • They EOR manages their statutory vacation days and sick leave
    • They EOR ensures compliance with German working time regulations

    From your perspective and the employee's perspective, they're a full team member. The EOR handles the compliance complexity you don't want to deal with.

    When Might You Feel Less Control?

    There are a few scenarios where EOR arrangements can feel limiting:

    Highly Regulated EOR Markets

    In countries like Germany (18-month limit) or France (36-month limit for Portage Salarial), time restrictions might force you to eventually set up a local entity or restructure the arrangement.

    Benefits Customisation

    You might have less flexibility in customizing benefits packages compared to setting up your own entity, though most EORs offer competitive local packages.

    Complex Terminations

    In jurisdictions with strict employment protection, the EOR might need to guide the termination process more heavily to ensure compliance.

    How to Maintain Maximum Control with an EOR

    While EORs are designed to preserve your management authority, there are specific steps you can take to ensure the arrangement feels as seamless as possible. The key is setting up the right structures and communication channels from day one.

    Choose Your Vendor Carefully

    Many EOR providers make bold promises about massive country coverage and seamless service, but they often overpromise and underdeliver when complex situations arise. Ask your potential vendor exactly how they handle employment in your target countries.

    Don't be afraid to present them with complex questions or potentially difficult scenarios that may come up, like performance management issues or tricky termination situations. Ultimately, they're there to support you, and a quality provider should be able to answer detailed, country-specific questions with confidence. If they can't, that's a red flag.

    Establish Service Level Agreements (SLAs)

    Define clear expectations around response times and issue resolution. A good EOR should commit to specific timeframes, like responding to urgent queries within 2 hours or processing payroll changes within 24 hours. 

    Without SLAs, you might find yourself waiting days for answers when you need to make time-sensitive decisions about your team. These agreements ensure you can maintain your management pace without being slowed down by administrative delays.

    Set Up Clear Communication Channels

    Establish distinct pathways for different types of communication. Your employees should know to contact the EOR directly for HR-related questions (payroll, benefits, leave requests) while coming to you for all work-related matters (projects, performance feedback, career development). This prevents confusion and ensures everyone gets answers from the right source quickly.

    Schedule Regular Strategic Check-ins

    Don't just communicate when problems arise. Set up monthly or quarterly reviews with your EOR to discuss upcoming employment law changes, evaluate how the arrangement is working, and address any concerns before they become issues. These proactive conversations help you stay ahead of compliance requirements and maintain smooth operations as your team grows.

    With Boundless, You Stay in the Driver's Seat

    At Boundless, we own and operate our infrastructure in every country we serve, which means you get direct access to local employment experts who understand the nuances of hiring in their markets. 

    This means that when you partner with us, you're not dealing with a middleman or white-labeled service. You're getting genuine in-country expertise that can answer complex questions and handle challenging situations as they arise.

    Our approach ensures you'll still:

    • Set the vision and direction for your employees
    • Manage their day-to-day work and performance
    • Make decisions about promotions, raises, and terminations
    • Build company culture and team dynamics

    What Boundless handles is ensuring that all of this happens within the legal frameworks of each country where you're hiring. We take care of payroll processing, benefits administration, employment law compliance, and all the administrative complexity so you can focus on what you do best—leading your team.

    Ready to expand internationally while staying in complete control of your team? Get in touch with our team today to discuss your global hiring plans and see how Boundless can make international employment as straightforward as hiring locally.

    Frequently Asked Questions

    Q: Can I still have direct communication with my employees? 

    A: Yes. The EOR handles employment administration, but you maintain all normal management communication and relationships.

    Q: What happens if I disagree with the EOR's advice? 

    A: You can discuss alternatives, but remember that EORs are there to ensure compliance. If local law requires certain procedures, those aren't negotiable.

    Q: Can employees contact me directly about work issues? 

    A: Absolutely. Work-related communication flows directly between you and your team. HR and payroll questions should go through the EOR.

    Q: Do I need the EOR's permission to change someone's role or salary? 

    A: No, but you'll need to coordinate with them to update contracts and ensure any changes comply with local employment law.

    The key is choosing an EOR that sees themselves as your partner in employment compliance, not a barrier between you and your team. With the right provider, you'll wonder why you were ever worried about losing control in the first place.

    Need help employing your international workers?

    Master the complexities of global employment and ensure a seamless employment experience for your team.

    Talk to us

    SHARE ARTICLE

    The making available of information to you on this site by Boundless shall not create a legal, confidential or other relationship between you and Boundless and does not constitute the provision of legal, tax, commercial or other professional advice by Boundless. You acknowledge and agree that any information on this site has not been prepared with your specific circumstances in mind, may not be suitable for use in your business, and does not constitute advice intended for reliance. You assume all risk and liability that may result from any such reliance on the information and you should seek independent advice from a lawyer or tax professional in the relevant jurisdiction(s) before doing so.

    Written by James Kelly

    James Kelly leads content and communications at Boundless, where he creates resources that help businesses figure out global employment without all the usual confusion. With six years in B2B content marketing, he's developed a knack for translating technical jargon into plain English that business leaders can actually put to use.

    Join our monthly newsletter!

    Stay tuned with latest news and developments in global employment, HR compliance and international payroll.
    blue blobsblue blob