What Your EOR Actually Does (And Doesn't Do): The audit that asked questions nobody could answer
Real Compliance, Real Stakes: A Teamed Case Study
Country: Sub-Saharan Africa | Issue Type: EOR Governance and Benefits Compliance | Outcome: Audit resolved, discrimination risk avoided
Based on real client situations, amalgamated for anonymity.
First, a quick explanation of what an EOR is
If you already know how an EOR works, skip ahead.
An Employer of Record is a third-party company that becomes the legal employer of your workers in a country where you do not have your own registered entity. It issues the employment contract, runs local payroll, handles tax filings, and administers statutory benefits. You pay a monthly fee per employee while continuing to manage the person's day-to-day work. It is the standard way companies hire internationally without setting up their own local entity in every country.
Challenge 1: The audit that exposed the gap
Before working with Teamed, the life sciences company had been using another EOR provider. The arrangement was live, the workers were employed, and on the surface, everything looked fine. It was not until an external audit arrived that the gaps left by their previous provider became visible.
The arrangement felt straightforward. Workers were employed, payroll was running, and contracts existed. What nobody had checked was whether the documentation behind that setup was actually fit for purpose for an external audit.
It was not.
When the audit arrived, the auditor began asking the kind of questions that any EOR arrangement should be able to answer without hesitation:
Who is the legal employer of your workers in these countries? How are those workers connected to you contractually, given that the contracts are with the EOR and not with you directly? Who is responsible for salary, bonuses, benefits, and statutory deductions? If there is a legal dispute, who is liable?
The life sciences company could not answer them. Not because the arrangement was wrong, but because the previous provider had never produced a document that explained how it worked. There was no plain-language explanation of the three-party chain. The contracts existed. The commercial agreement existed. The bridge between them did not.
This is one of the most common things Teamed encounters when clients arrive from another provider. The mechanics are usually in place. The paperwork that explains those mechanics to an outsider, an auditor, a regulator, or an acquirer has never been written.
The question that made the gap impossible to ignore was this: if the contracts are with your EOR provider, how exactly are your workers engaged with you?
There was no good answer ready. And in an audit, that is itself a finding.
Challenge 2: The wrong benefits plan
Alongside the audit, another issue surfaced, traced back to how the original arrangement had been set up.
One of the EOR-employed workers had been enrolled in the client company's own benefits plan rather than the plan administered by the EOR. This had most likely happened during the transition from the previous provider, when benefits were being migrated, and the distinction between directly employed staff and EOR-employed staff had not been clearly maintained. The worker ended up in the wrong plan. Nobody caught it.
Here is why it matters. The worker's legal employer is the EOR, not the client company. Benefits, including things like paternity leave and healthcare insurance, are governed by the employment relationship. The legally responsible employer is the one whose rules apply.
By being enrolled in the client's plan, they were covered by a plan that had no legal basis to cover them, administered by a company that was not their legal employer. When questions came up about paternity leave eligibility and healthcare coverage, nobody could give a clear answer. Which employer's rules applied? Which plan would respond if a claim was made?
Under the labour law framework in this jurisdiction, inconsistent treatment of employment entitlements across a workforce carries discrimination risk. Some workers were receiving benefits through the correct employer. This one was not. The fact that it happened during a messy provider transition does not change the legal exposure. Intention is not the test.
What Teamed identified
Looking at both challenges together, the pattern was clear. This was not an arrangement that had been set up dishonestly. It was an arrangement that a previous provider had never properly documented and that had been transferred to Teamed, carrying those same gaps.
On the audit, Teamed identified that the single-contract EOR model was structurally sound. The problem was the absence of any document that translated that structure into plain language an auditor could follow. The chain was real. The explanation was not. This is what happens when an EOR provider treats onboarding as an operational task rather than an advisory one. The workers get employed. The paperwork that governs the relationship never gets written.
On the benefits issue, Teamed identified a pattern that appears regularly when clients move between providers without a clean benefits audit. The statutory benefits obligations that attach to employment follow the legal employer, not the commercial client. When the EOR is the employer, the EOR's plan governs the worker. Enrolling that worker in the client's plan does not extend their coverage. It creates a mismatch and, depending on the jurisdiction, a discrimination exposure. A previous provider who had been paying attention would have caught this.
What was at stake
In a regulated industry, an unresolved audit is not a procedural inconvenience. The inability to demonstrate who holds employment obligations can raise questions about permanent establishment risk, which is the risk that a company's activities in another country create unexpected tax and legal obligations there, as well as questions about worker classification and whether statutory deductions are being made by the correct entity.
On the benefits side, a discrimination claim under a protective labour law framework is not easily dismissed. The burden of justification sits with the employer. Saying "this happened during a provider transition" is not a legal defence. Beyond the formal exposure, the worker's actual entitlements were genuinely unclear. If a claim had been made, nobody knew which employer was responsible or which plan would respond.
Neither issue was irreversible. But both had been sitting unaddressed, carried forward from a previous relationship that had never properly closed them out.
What Teamed recommended
The priority was documentation. Before responding to the auditor, the life sciences company needed a plain-language written explanation of how the EOR model worked: who held the employment relationship, who was responsible for payroll and statutory compliance, and what the Master Services Agreement covered. Teamed also advised making the MSA available to the auditor with some framing context. Auditors asking to see contracts are usually looking for accountability, not sensitive commercial detail. Providing it, with explanation, closes the question far faster than declining.
The principle: explain the structure before defending it. A correctly structured arrangement that nobody can explain looks worse than an imperfect one that is clearly owned.
On the benefits issue, the immediate step was to move the worker onto the EOR's plan and confirm it covered the relevant entitlements under local law. The broader recommendation was a cleaner distinction going forward: what the company provides to directly employed staff is governed by employment law, and what it wants EOR workers to receive belongs in the commercial agreement with the EOR, not in the client's own benefits system.
You cannot transfer compliance obligations by putting someone on the wrong form. And you cannot assume a previous provider tied off the loose ends before they handed over.
What an EOR does, and what it does not
A lot of the confusion in situations like this, including the kind that gets inherited from a previous provider, comes from assuming the EOR covers more than it does. At a basic level:
3 questions every company should be able to answer about their EOR arrangement
If you use an EOR right now, these are the three questions an auditor, a regulator, or an acquirer doing due diligence is most likely to ask. If you have recently switched providers and cannot answer them clearly today, that is worth addressing before someone external asks first.
1. Who is the legal employer of your workers, and how are they connected to you?The answer should explain the three-party chain in plain language: the EOR employs the worker under a local contract, you engage the EOR under a Master Services Agreement, and you direct the worker's day-to-day activity. That explanation should exist in writing. Not just in someone's head, and not assumed to have been handled by a previous provider.
2. Who is responsible for salary, benefits, statutory deductions, and key employment terms?This is where most companies get caught out. Statutory obligations, things like tax deductions, pension contributions, and minimum leave entitlements, sit with the EOR as the legal employer. But anything beyond that, additional benefits, enhanced leave, healthcare top-ups, needs to be written into your commercial agreement with the EOR. It cannot be handled informally through your own systems. If you have recently moved from another provider, do not assume those arrangements transferred cleanly. Check the paperwork. If it is not in the MSA, it does not exist.
3. If there is a legal dispute involving one of your EOR workers, who is liable and under which jurisdiction?Employment claims sit with the EOR as the legal employer. Commercial disputes between you and the EOR sit under your MSA. Understanding which framework applies to which type of issue, and having the documents to back it up, is what audit-ready documentation looks like in practice. If your previous provider did not leave you with that, you are carrying their gap.
Still got questions? Talk to an Expert.
Over 1,000 companies have worked with Teamed to get their global employment right across 187+ countries for EOR and 100+ countries for entity formation and management. If you have recently switched providers or you are not certain the arrangement you inherited is properly documented, it's worth having that conversation now.











