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EOR vs Subsidiary

AP

Atlass Partners Research Team · 21 July 2026

·3 min readQuick read

Key takeaway

Compare the costs, time, and risks of using an Employer of Record (EOR) versus setting up a subsidiary in India. Discover the most efficient way to expand your business into new markets.

Introduction to Expanding into India

Expanding a business into a new geographic market like India can be a strategic move for growth. However, it comes with its own set of challenges, including navigating complex employment laws and regulations. Two popular options for businesses looking to hire employees in India are using an Employer of Record (EOR) or setting up a subsidiary. In this article, we will compare the costs, time, and risks associated with each option.

What is an Employer of Record (EOR)?

An EOR is a third-party service provider that acts as the employer of record for a company's employees in a specific country. This means the EOR is responsible for managing all HR-related tasks, including payroll, benefits, and compliance with local employment laws. Atlass Partners offers Employer of Record services, providing businesses with a seamless way to hire and manage employees in India.

Setting Up a Subsidiary in India

Setting up a subsidiary in India involves incorporating a new company in the country, which can be a time-consuming and costly process. The company must register with the relevant authorities, obtain necessary licenses, and comply with all applicable laws and regulations. This process can take several months to a year or more to complete, and the costs can range from $10,000 to $50,000 or more, depending on the complexity of the setup.

Cost Comparison

The costs associated with using an EOR versus setting up a subsidiary in India can vary significantly. The setup costs for an EOR are typically minimal, ranging from $500 to $2,000, while the ongoing costs are usually a percentage of the employee's salary, ranging from 10% to 20%. In contrast, the setup costs for a subsidiary can be substantial, and the ongoing costs can include salaries for HR staff, office space, and other overheads.

On average, using an EOR can save a business up to 70% in costs compared to setting up a subsidiary in India.

Time Comparison

The time it takes to set up an EOR versus a subsidiary in India also varies significantly. With an EOR, the setup process can take as little as a few days to a week, while setting up a subsidiary can take several months to a year or more.

Risk Comparison

The risks associated with using an EOR versus setting up a subsidiary in India also differ. With an EOR, the risks are generally lower, as the EOR is responsible for managing all HR-related tasks and ensuring compliance with local employment laws. In contrast, setting up a subsidiary in India can be a higher-risk option, as the company is responsible for managing all aspects of the business, including HR, and must comply with all applicable laws and regulations. For businesses looking for more comprehensive HR support, HR Outsourcing services can also be an option.

Conclusion

In conclusion, using an EOR can be a more cost-effective, efficient, and lower-risk option for businesses looking to expand into India compared to setting up a subsidiary. However, the best option for a business will depend on its specific needs and goals. For those looking to hire key executives, Executive Search services can also be a valuable resource. Additionally, in cases of restructuring, Outplacement services can support both the company and the impacted employees.

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Frequently asked questions

What is the typical setup time for an EOR in India?

The setup time for an EOR in India can be as little as a few days to a week. This is significantly faster than setting up a subsidiary, which can take several months to a year or more. The speed of setup is one of the key advantages of using an EOR service.

How much can a business save by using an EOR instead of a subsidiary?

On average, using an EOR can save a business up to 70% in costs compared to setting up a subsidiary in India. These savings come from reduced setup costs, lower ongoing operational costs, and the elimination of the need for a physical office space and HR staff.

What are the key risks associated with setting up a subsidiary in India?

The key risks associated with setting up a subsidiary in India include non-compliance with local employment laws and regulations, higher setup and operational costs, and the challenges of managing HR tasks in a foreign market. These risks can be mitigated by using an EOR service, which manages these aspects on behalf of the business.

AP

Atlass Partners Research Team

Practitioners in employer of record, HR outsourcing, executive search, and outplacement across India, the Middle East, and Africa.

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