EOR contract: the employer of record service agreement explained
An EOR contract is the employer of record service agreement between your company and the EOR: it sets the monthly fee, deposit, term, notice period and who pays for termination, while a second, local employment contract between the EOR and the worker sets pay and duties. The cost traps sit in the first one. Remote's terms run 12 months and auto-renew (checked October 2026).
An EOR service agreement is the contract under which an employer of record legally employs workers in another country on your behalf, setting its fees, deposits, notice, liability and exit terms.
On this page
Two contracts, two parties
Service agreement (you and the EOR): fees, invoicing and currency, deposits, term and renewal, how to end the arrangement, who pays severance, and liability. It is usually terms of service plus an order form per hire.
Employment contract (EOR and worker): salary, benefits, hours, leave, notice and probation, written under local law. The EOR signs as employer; you direct the work. Ask to see the employment contract template before your hire signs it. For the full model, read what an employer of record is.
Clauses to check, with real examples
| Clause | What vendors publish |
|---|---|
| Term and renewal | Remote: 12 months, auto-renews, 30 days' notice; renewals at least 8% higher (or US CPI if higher). Oyster: either side can end on 30 days' notice. Multiplier: no minimum term. |
| Early exit | Remote: owes the Minimum Contract Value shortfall. Deel promo order forms: 2-year term, full list price owed if ended early. |
| Deposit | Oyster: at least one month of total cost of services, credited about 60 days after the end date. Playroll: one month's salary. Multiplier: sized from costs, fees and notice periods, refunded within 60 days. |
| Termination process | Multiplier: 30 days to process a termination (60 for bulk) and a 15% penalty if you contact the employee about termination yourself. |
| Severance and exit costs | Remote passes severance through. Oyster bills Transition Costs, including severance. |
| Currency | Remote invoices at the Remote FX Rate and its terms allow a transaction fee or margin. |
Sources: Remote Terms of Service (updated Aug 3, 2026) and order form terms; Oyster terms (2025-02-27); Multiplier EOR terms (Jun 1, 2026); Playroll and Deel pricing pages. Checked October 16, 2026.
What the deposit adds up to
Take one hire in Mexico on a USD 40,000 salary. Our country data puts employer contributions and mandatory bonuses at 31.8%, so the yearly employment cost is $52,720, or $4,393.33 a month. At Oyster, the deposit is at least one month of total cost of services: $4,393.33 plus the $699 fee, or $5,092.33. At Playroll, one month's salary is $3,333.33, on top of its $399 monthly fee. Oyster credits it back about 60 days after the end date; Playroll does not state its refund timing.
Country costs come from our Mexico EOR page; compare providers in EOR pricing.
Questions to ask before signing
- Do you own the entity in this country, or use a partner? One Oyster reviewer on Trustpilot (July 2025, more than a year old) described blame passed between the EOR and its local partner over unpaid final pay.
- Can you change the agreement after I sign, and how much notice do I get?
- What is my total exit cost if I end the hire in month 6?
Rankings with these terms are in the best EOR services, and two head-to-heads go deeper: Deel vs Remote and Deel vs Oyster. The US equivalent is the PEO agreement.
Frequently asked questions
What is an employer of record service agreement?
Is the EOR contract the same as the employee's contract?
How long is a typical EOR contract?
Do EORs charge a deposit?
Can I cancel an EOR contract early?
Sources (9)
- Remote: Terms of Service (updated Aug 3, 2026) (checked Oct 16, 2026)
- Remote: Order form terms and conditions (checked Oct 16, 2026)
- Oyster: Terms (version 2025-02-27) (checked Oct 16, 2026)
- Multiplier: EOR terms (effective Jun 1, 2026) (checked Oct 16, 2026)
- Playroll: Pricing (checked Oct 16, 2026)
- Deel: Pricing (checked Oct 16, 2026)
- Oyster: Pricing (checked Oct 16, 2026)
- Trustpilot: Oyster reviews (Jul 28, 2025 review on final pay and local partner) (checked Oct 16, 2026)
- Camara de Diputados (Mexico): Ley Federal del Trabajo (checked Oct 16, 2026)
This page is general information, not tax, legal or accounting advice. Rules and rates change, so check the official source linked above before you file or sign a contract. Read our disclaimer.