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An EOR is a licensed local employer that hires for you; a subsidiary is your own local employer. EOR is usually faster for a one- or two-person test. It does not erase dependent-agent PE (people who bind you), service PE (day counts in UN-model countries), or a fixed place you effectively control. Write inventions, customers and dismissal into the client–EOR–employee pack so IP does not default to the EOR. When you have a team, local sales, or a real office, plan the subsidiary and the China ODI/SAFE story. This is not a guide to hiring inside China through an EOR.
At a glance
| Question | Short answer |
|---|---|
| Who is the employer on EOR? | The EOR entity, not you — on paper. |
| Does EOR kill PE? | No. It removes one trigger only. |
| When incorporate? | Team, premises, or people who sign for you. |
| IP? | Contract it to you. Do not assume. |
| Dismissal? | Host-country law still applies. |
Scope and legal framework
Host-country employment law. The contract the employee can sue on is usually the EOR’s local contract. Minimum wage, leave and unfair dismissal follow that country — not PRC Labour Contract Law.
Tax treaties (PE). Dependent-agent PE, service PE and fixed-place PE are fact tests. An EOR payroll does not rewrite those articles. Role design matters more than the vendor logo.
China outbound (ODI / SAFE). Standing up your own subsidiary is a China outbound file as well as a host-country incorporation. See the ODI roadmap.
Practical workflow
- Write the job: can they bind the Chinese parent?
- If no, EOR + no dedicated office can be a rational pilot.
- Diary day counts and titles every quarter.
- When the test becomes a team or a sales desk, start the subsidiary + ODI track.
- Move employment onto your entity with a planned TUPE-like or offer-and-rehire process under local advice.
Common mistakes
- Giving the EOR hire a “China Country Manager” card that signs MSAs.
- Assuming the EOR owns nothing of the code they write.
- Ignoring host dismissal cost until the first firing.
Action checklist
- Authority: who may sign?
- Office: whose lease?
- IP assignment in the pack.
- PE day-count owner named.
- Exit trigger to incorporate written down.
Find employment and outbound counsel
The employment listings below are live DJ Classifieds profiles. Host-country PE and ODI need tax/outbound counsel as well. Directory →
Attribution
Reviewed by Peter Ye, Beijing (outbound investment counsel). Focuses on Chinese enterprise ODI filings, NDRC/MOFCOM/SAFE coordination, cross-border financing and overseas fundraising compliance. View directory profile →
Review tier: Reviewed by — accuracy review of drafts for orientation only. Content remains general information — not legal advice for a specific matter, and no attorney–client relationship is created by reading these pages.
How to use this guide
This page is general information for orientation. It is not legal advice and does not create an attorney–client relationship. For methodology and AI-assisted drafting rules, see our Editorial Policy and AI Content Policy. Directory badge meaning is described in the Lawyer Verification Policy.
Prefer primary statutes, judicial interpretations, and official guidance when making decisions. Where this guide links to city hubs or lawyer listings, verify credentials and engagement terms directly with counsel. Full disclaimer · Request a consultation.
Common questions
Quick answers for foreign nationals and employers. Rules vary by city and change over time.
Does EOR eliminate PE?
It usually removes direct employment by your entity. It does not remove agent, service or place-of-business PE.
Is this how foreigners hire in China?
No. For hiring in China see the first-employee roadmap.
Verified Employment & Labor lawyers
China-based listings shown first. Browse lawyer profiles for employment & labor, then request legal help.
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Peter Ye
Beijing outbound investment lawyer advising Chinese companies on ODI filings, cross-border financing and overseas fundraising, with NDRC,...
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Lingmei Cheng
Lingmei Cheng is a corporate governance lawyer in Chengdu (11+ years) for domestic and international clients.
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Wei Tu
Wei Tu is a wrongful termination lawyer in Chengdu, China (7+ years), serving domestic and international clients.
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Hui Li
Hui Li is an employment discrimination lawyer in Guangzhou (9+ years) for domestic and international clients.
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Yu Tan
Yu Tan is a workplace sexual harassment lawyer in Shenzhen (11+ years) for domestic and international clients.
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James Chen
Strategic Sexual Harassment Counsel in Yuexiu James Chen is a seasoned sexual harassment attorney at Guangdong Yuezhong Law Firm in Yuexi...
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Jun Liu
Strategic Discrimination Counsel in Baiyun Jun Liu is a seasoned discrimination attorney at Baiyun Hexie Law Office in Baiyun, Guangzhou,...
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Meilin Fang
Meilin Fang — Discrimination lawyer in Baoan, Shenzhen, advising foreign clients on employment equality and payroll/IIT compliance.
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