What a PEO is
A professional employer organization (PEO) is a co-employment arrangement. The PEO takes on administrative employer tasks like payroll and HR for a client company, and the two share employer responsibilities and liability.
PEOs are a US model. The IRS runs a voluntary certification program for them, created by the Tax Increase Prevention Act of 2014.
PEO vs. employer of record
| PEO | Employer of record | |
|---|---|---|
| Who is the legal employer | You and the PEO, as co-employers | The employer of record |
| Do you need a local entity? | Usually yes | No |
| Who carries employer liability | Shared | The employer of record |
| Who runs payroll and HR | The PEO | The employer of record |
PEOs and Philippine law
Philippine law has no PEO category. The closest framework is contracting and subcontracting under Articles 106 to 109 of the Labor Code, implemented by DOLE Department Order No. 174, Series of 2017. A legitimate contractor must:
- Register with the DOLE regional office where it mainly operates (a ₱100,000 fee, for a certificate valid for 2 years)
- Have substantial capital: at least ₱5,000,000 in paid-up capital or net worth
- Run a distinct, independent business that controls how the work is done
- Sign a service agreement that protects the workers’ rights
Labor-only contracting is prohibited. When a supplier lacks substantial capital and its workers do the client’s core work, or it doesn’t control the work, the client becomes the workers’ direct employer.
DOLE Department Circular No. 01, Series of 2017 clarifies that Department Order No. 174 doesn’t cover business process outsourcing, such as BPO, KPO, IT, and back-office services.
If you don’t have a company in the Philippines
A PEO usually needs your own local entity. Without one, an employer of record is the usual route: it employs your team locally and handles payroll, taxes, and compliance.
See the employer of record guide
How Remote Employee® works
Remote Employee® is the legal employer. We employ your team member locally in the Philippines and take care of their payroll, taxes, contracts, and compliance. You just pay a set monthly invoice while we take care of the rest.
Instead of stitching together recruiters, an employer of record (EOR), payroll, HR, and IT, you get one partner and one monthly invoice.
Sources
We checked the Philippine rules on this page against these official sources. Rates and rules change, so check the latest before you act on them.
























