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Switching EOR Providers: What Happens to Contracts, Seniority and Deposits (2026)

An employee can't simply be handed from one Employer of Record to another: the old provider is the legal employer, so its employment ends and the new provider hires the person on a new contract. That has consequences for final pay, severance, service-based entitlements, work permits and your deposit. Here's what to plan for, from the law in our country guides and the providers' own terms.

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  • The old employment ends and a new one starts. The outgoing EOR ends the contract under local law; the new EOR issues its own.
  • Ending the old contract can trigger statutory payments: final pay, accrued leave and, in some countries, severance or end-of-service payments.
  • Service-based rights can restart unless the new contract recognises earlier service, so ask the new provider to write it in.
  • Work permits can be tied to the employer, so a switch can need a new permit before the person moves.
  • Check the exit terms in your current contract: notice to end the service, and when your deposit is returned.

Whether a payment is due also depends on how the old employment ends (dismissal, resignation or agreement), so agree the route and who pays with both providers. Compare all countries in severance pay by country and notice periods by country.

  • Colombia: However the contract ends, the employer must pay pending salary, the prima for the time worked in the half-year, cesantías not yet deposited in the fund with their interest, and untaken vacation paid in cash in proportion to the time worked (Law 995 of 2005).
  • Brazil: Dismissal without just cause is permitted, but the employer must pay notice (or pay in lieu) and deposit a penalty of 40% of all FGTS deposits made during the employment, updated with interest, into the employee's FGTS account, plus accrued 13th salary and vacation.
  • India: 15 days' wages for each completed year of service (or part above six months), payable on leaving after 5 years of continuous service, capped at ₹20 lakh. Because it depends on five years of continuous service, ask whether the new contract recognises earlier service.
  • United Arab Emirates: For expatriates with at least one year's continuous service: 21 days' basic salary for each of the first 5 years and 30 days for each year after, pro-rated for part years, capped at 2 years' wages and paid within 14 days of the end of employment.

Where a work permit is tied to the employer, the new EOR may need a new permit before the person can start with it. In Canada, for example, most work permits are tied to one employer, and changing employer needs a new permit; in Poland, a work permit is issued for the employing entity. Check before you give notice. See EOR visa sponsorship by country and Employer of Record in Kraków.

  • Notice to end the service. Rivermate, for example, says its contracts are month-to-month with 30 days' termination notice, and that the service ends once the employee's notice period has run.
  • Deposits. Playroll takes "a fully refundable security deposit equal to one month's salary when you onboard an employee"; Oyster says it "requires a refundable deposit for EOR team members to start the engagement". Ask when and how the deposit comes back after the last payroll.
  • Offboarding and transfer fees. Ask whether the outgoing provider charges to end employment or to transfer records, and get payroll and leave records for the new provider.
  • Confirm the new provider can employ in the country, and how: its own entity or a partner.
  • Ask the new provider to recognise the employee's earlier service in the new contract.
  • Agree with both providers how the old employment ends, what final payments are due and who pays them.
  • Check whether a new work permit is needed, and get it before the start date.
  • Line up the dates so there's no gap in pay, benefits or pension contributions.
  • Give notice under your current contract, and confirm when your deposit is returned.
Can I move employees from one EOR to another?
Yes, but not as a simple transfer: the outgoing EOR ends the employment under local law and the new EOR hires the person on a new contract. Plan for final payments, recognition of earlier service, any new work permit and your deposit.
Do employees lose their seniority when switching EOR providers?
They can, unless the new contract recognises their earlier service. Ask the new provider to write it in; it matters for rights that depend on length of service, such as India's gratuity after 5 years.
What happens to my EOR deposit when I switch?
It depends on the contract. Playroll and Oyster describe their deposits as refundable; ask when it's returned after the final payroll and whether outstanding invoices are deducted first.
What happens to accrued benefits when moving from an EOR to my own entity?
The same as switching providers: the EOR ends the employment and your entity hires the person, so ask what final payments are due and recognise their earlier service in your new contract. See What is an Employer of Record?.
  1. 1
    Colombia: Ley 995 de 2005, art. 1

    Función Pública (Colombia)

    Ley 995 de 2005 in the Gestor Normativo: untaken vacation paid in cash, pro rata, when employment ends.

  2. 2
    India: Code on Social Security, 2020 (as on 21 November 2025)

    India Code (Legislative Department)

    s. 53 (gratuity), ss. 59–61 (maternity benefit), provident fund, ESI and other schemes.

  3. 3
    United Arab Emirates: End of service benefits for workers in the private sector

    The Official Portal of the UAE Government (u.ae)

    Article 51 gratuity (21 days a year for the first 5 years, 30 days after, capped at 2 years' wages) and the Savings Scheme (5.83% or 8.33% of basic salary a month).

  4. 4
    Brazil: Lei nº 8.036/1990 (FGTS)

    Presidência da República (planalto.gov.br)

    Monthly FGTS deposit of 8% of remuneration, including the 13th salary; art. 18 §1: 40% penalty on dismissal without just cause.

  5. 5
    Rivermate pricing

    Rivermate

    Contract and deposit terms, checked 2026-10-22.

  6. 6
    Playroll pricing

    Playroll

    Contract and deposit terms, checked 2026-10-17.

  7. 7
    Oyster pricing

    Oyster

    Contract and deposit terms, checked 2026-10-17.