China EOR & PEO: compliant employment without a local entity

Tap into China's high‑quality, cost‑competitive talent pool through a trusted employer of record, while you stay focused on your core business.

EOR and PEO are both viable ways for foreign companies to hire in China without building a large in‑house HR team, but they solve different problems and fit different stages of your China strategy.

  • Hire in China without setting up a Wholly Foreign‑Owned Enterprise (WFOE) or joint venture.
  • We handle contracts, payroll, social insurance, housing fund, and individual income tax in line with local rules.
  • Move from small pilot teams to larger operations with a clear path from EOR to your own entity.

Why China – and why legal structure matters

China's BPO and HR outsourcing market has shifted from low‑cost, transactional work to higher‑value, knowledge‑intensive services in technology, finance, e‑commerce, and advanced manufacturing. The market was valued at around USD 19.7 billion in 2024 and is projected to grow at roughly 12 percent annually through 2030, with HR outsourcing among the fastest‑growing segments.

At the same time, China's employment environment is uniquely complex. Labour contracts, social insurance and housing fund, and individual income tax must all align across the same jurisdiction, with tightening enforcement in major cities such as Beijing, Shanghai, Shenzhen, and Guangzhou. For foreign companies unfamiliar with Chinese policy and practice, "experimenting" with in‑house hiring or loosely structured contractors can easily create compliance risk, especially with small initial headcount.

Choosing the right structure – EOR or PEO – is therefore not just administrative; it is a core risk management decision.

What EOR and PEO really mean in China

EOR: a turnkey legal employer

An Employer of Record (EOR) in China becomes the legal employer of your staff on the ground, while you retain day‑to‑day control of work, performance, and strategy. The EOR signs compliant Chinese labour contracts, registers and pays social insurance and housing fund in the correct city, withholds and files individual income tax, and administers payroll, benefits, and terminations in line with local law.

Practically, the EOR sits in front of local regulators and labour bureaus, absorbing legal and administrative responsibilities that would otherwise require your own Chinese entity, HR team, and legal counsel. For companies testing China, an EOR lets you hire in weeks instead of months, without the capital and complexity of a WFOE.

PEO: co‑employment layered on your entity

A Professional Employer Organization (PEO) in China operates under a co‑employment model. Your Chinese entity remains the legal employer of record; the PEO shares HR responsibilities such as payroll processing, benefits administration, social insurance registration, and compliance support, while you retain full control over employment decisions and legal obligations.

PEO is designed for companies that have already set up a local entity and plan a more substantial, long‑term presence. It optimises and professionalises an HR function that already exists; it does not remove the need for an entity or fully shield you from regulatory mistakes.

EOR vs. PEO in China: which model fits your stage?

Dimension EOR PEO
Legal employer EOR provider is the legal employer of staff. Your Chinese entity is the legal employer.
Need for local entity Not required; you can hire without any Chinese company. Required; PEO works only once a local entity exists.
Compliance responsibility EOR bears day‑to‑day compliance and HR legal obligations. Compliance is shared; legal liability largely remains with you.
Speed to hire Often 2–4 weeks to onboard once terms are agreed. Dependent on entity setup and internal approvals.
Typical use cases Market entry, pilot teams, distributed small teams, risk‑sensitive projects. Growth phase, larger stable teams, companies committed to long‑term presence.
  • EOR centralises legal risk and HR complexity in the provider's hands, giving you a single accountable counterpart.
  • PEO leaves more responsibility and control with your local entity, which can be attractive once you already understand China and plan a long‑term presence.

Compliance and risk control in China

China's labour and payroll compliance regime rests on three pillars: labour contracts, social security and housing fund, and individual income tax. Authorities increasingly expect these to align consistently in the same jurisdiction.

  • Labour contracts must be in Chinese, specify clear terms, and comply with both national Labour Contract Law and local implementation rules.
  • Social insurance and housing fund contributions must be paid to the appropriate local schemes; contribution bases and rates vary by city and change over time.
  • Employers must withhold individual income tax (IIT) monthly and perform annual reconciliation; foreign and local employees may be subject to different residency and tax rules.
  • Using independent contractors or paying individuals offshore to perform work physically in China is increasingly risky; such arrangements can be re‑characterised as disguised employment, triggering liabilities for unpaid social insurance, back taxes, and penalties.

An EOR solution is engineered to sit squarely within this framework: the EOR is responsible for keeping contracts, registrations, and filings aligned with local rules in each city where employees are located. A PEO depends on your entity having set up correct registrations; it then executes HR operations in support of your compliance but does not fully shield you from regulatory mistakes.

Is China EOR / PEO right for you?

BPO teams without entity

You want to hire 3–30+ engineers, support, or operations staff in China to deliver BPO work, but you are not ready to set up a local entity.

Market testing

You are an industrial or hardware manufacturer testing the China market and need your first sales and service representatives on the ground.

Regularizing contractors

You currently work with contractors in China and want to regularise them into compliant employment.

Existing entity, outsourced HR

You already have a China entity and want to outsource payroll, benefits, and HR compliance to a specialised partner.

Why work with EmiliaTeams as your China EOR partner

Deep China HR and compliance expertise

20+ years of experience in Chinese HR services and employment law, across major cities and regions. We focus on preventive compliance with correct contracts, documentation, and processes.

International mindset and communication

Team members with work experience in China, the US, Canada, and other markets. We understand how global companies plan, report, and make decisions, and we bridge HQ and local teams in clear, business‑oriented English and native Chinese.

Tech‑driven, execution‑focused delivery

Background in global tech organisations and BPO operations. We are comfortable with agile methods, distributed teams, and data‑driven management, supported by modern tools for HR operations and performance reporting.

Designed for companies without a China entity

We specialise in helping companies hire and manage staff in China through EOR/PEO and BPO models before they establish a local subsidiary, with a clear transition path when you are ready.

Ready to explore China EOR / PEO for your company?

Share your plans, and we'll show you what a compliant China employment solution could look like for your business, including timelines, costs, and total cost of ownership.