Hire Employees in the Philippines Without Setting Up a Company

A Practical Guide to Hiring Legally Without a Local Entity

Updated March 2026
Prepared by Smart Outsourcing Solution
Led by Martin English, CEO & Founding Partner

Key takeaway

Yes — you can legally hire employees in the Philippines without setting up a local company.

The most common way to do this is through an Employer of Record (EOR), which:

  • acts as the legal employer
  • handles payroll, taxes, and compliance
  • allows you to manage the team operationally

This enables you to hire quickly and compliantly without the cost and complexity of entity setup.

Can you hire in the Philippines without a company?

Yes — but you must use the correct structure.

Foreign companies cannot directly employ staff in the Philippines without a registered entity.
However, there are alternative models that allow legal hiring.

The most widely used solution is:
  • Employer of Record (EOR)
Other options include:
  • freelancers (with limitations and risk)
  • outsourcing providers (less control)

This structure enables compliant hiring without establishing a local company.

What is an Employer of Record (EOR)?

An Employer of Record is a third-party company that legally employs staff on your behalf.

The EOR:
    • signs the employment contract
    • manages payroll and statutory contributions
    • ensures compliance with Philippine labour laws
You:
  • manage the employee’s work
  • define roles and performance
  • integrate them into your team

This structure allows you to hire as if you had a local entity — without actually setting one up.

Why companies hire without setting up a company

Setting up a local entity is often slow and expensive.

Challenges include:
  • company registration and legal setup
  • payroll and tax infrastructure
  • ongoing compliance and reporting
  • administrative overhead

For most companies, this is unnecessary when starting or scaling offshore teams.

How EOR compares to other hiring options

Not all hiring models provide the same level of control and compliance.

MODEL LEGAL COMPLIANCE CONTROL COMPLEXITY
EOR High High Low
Freelancers Low High Low
Outsourcing High Low Medium
Local entity High High High

EOR offers the best balance of speed, compliance, and control.

How quickly can you hire without a company?

You can hire in as little as 2–10 business days using an EOR.

This includes:

  • contract preparation
  • onboarding
  • payroll setup

This is significantly faster than setting up a local entity, which can take weeks or months.

What roles can you hire without a company?

You can hire across most business functions.

Common roles:
  • customer support
  • operations and admin
  • sales and SDRs
  • developers and technical roles

Most offshore teams are built using this model.

Cost of hiring without a company

Costs depend on role type and structure.

Typical breakdown:
  • employee salary
  • statutory benefits (20–30% of salary)
  • EOR service fee
Example:  
  • support staff: $1,000 – $1,500 total monthly cost
  • developers: $2,500 – $5,500 total monthly cost

Even with full compliance, costs remain significantly lower than local hiring.

When should you consider setting up a company instead?

EOR is ideal for most companies, but not all.

Consider a local entity if:

  • you are hiring at large scale
  • you need full legal presence
  • you require direct control over all employment structures

For early to mid-stage teams, EOR is usually the more practical option.

Risks of hiring without the right structure

Hiring incorrectly can lead to compliance issues.

Common risks:
  • misclassifying employees as contractors
  • failing to provide statutory benefits
  • working with non-compliant providers
  • lack of proper employment contracts

The structure you choose determines your legal exposure.

EOR vs freelancers
(important distinction)

Freelancers are not a compliant substitute for employees.

If a freelancer:

they may be legally considered an employee.

This creates misclassification risk, which EOR helps avoid.

Frequently Asked Questions

Yes — through an Employer of Record, you can hire legally without setting up an entity.
Yes — provided you use a compliant structure such as an EOR.
Using an EOR, hiring can be completed within a few business days.
Only for short-term or project-based work — not for full-time roles.
Yes — employees receive statutory benefits required by law.
When you reach a larger scale or require a direct legal presence.

A practical next step

If you’re considering hiring in the Philippines without a company:

  • identify the roles you need
  • assess your hiring timeline
  • choose the right structure

From there, you can determine:

  • cost
  • speed
  • compliance requirements

Speak to a specialist

If you want to hire in the Philippines without setting up a company, we can help you:

  • assess your hiring needs
  • recommend the right structure
  • onboard your team quickly and compliantly

No obligation — just a clear path to hiring your team.