# EOR Termination and Offboarding: Costs and Checks

Source: https://overseashire.com/guides/eor-contract-termination-and-offboarding · updated 2026-10-05


Termination is where the real price of international hiring shows up. An EOR's monthly fee is a small number next to a statutory severance bill, and the contract you sign with the provider decides who pays, how fast, and what else you owe on the way out. Read it on day one, not on the day you need it.

## Termination law follows the employee, not the EOR

The EOR is the legal employer, but notice periods, severance formulas and procedural rules come from local law. Several countries in our data protect employees heavily:

- **Portugal** does not allow dismissal without cause; it needs a disciplinary procedure, collective redundancy, extinction of position or unsuitability, each with strict procedure ([Remote](https://remote.com/country-explorer/portugal)).
- **Poland** requires a genuine stated reason for indefinite contracts, and employees can challenge in labour court within a 7-day filing window.
- **Brazil:** labour litigation is common and employer-unfavourable; just-cause dismissal is closely scrutinised and often reversed if poorly documented ([Deel](https://www.deel.com/blog/employer-of-record-brazil/)).
- **Philippines:** illegal dismissal means reinstatement with full back wages or separation pay in lieu.
- **Thailand, Vietnam, Mexico, Colombia:** statutory severance formulas apply on dismissal without cause, shown below.

## Illustrative cost: one employee, three years' tenure, dismissed without cause

Assume a hypothetical $5,000 monthly base salary ($60,000 a year) and exactly three years' service. Amounts below cover notice and the severance or indemnity formula in our files only. They exclude accrued leave, pro-rata 13th-month pay, bonuses, litigation costs, and any collective-agreement or contractual extras. These are not predictions; they show relative scale.

| Country | Rule (from data) | Calculation | Amount |
|---|---|---|---|
| Thailand | 3 to <6 years: 180 days' wages | 180 x ($5,000 / 30) | $30,000 |
| Mexico | 3 months' salary plus 20 days per year (Deel) | $15,000 + 60 x ($5,000 / 30) = $15,000 + $10,000 | $25,000 |
| Colombia | 30 days first year, 20 per additional year (below 10 minimum wages) | 70 x ($5,000 / 30) | $11,667 |
| Brazil | Notice 30 days + 3 per year; 40% fine on FGTS balance | Notice 39 x ($5,000 / 30) = $6,500; FGTS 8% x $5,000 x 36 = $14,400, 40% = $5,760 | $12,260 |
| Vietnam | Job-loss allowance 1 month per year (min 2 months); notice 45 days | 3 x $5,000 (redundancy case) | $15,000 |
| Philippines | Authorised cause: 1 month, or 1 month per year if higher | 3 x $5,000 | $15,000 |
| Poland | Notice 3 months at 3+ years; redundancy pay only for employers with 20+ staff | 3 x $5,000 | $15,000 notice |
| Germany | No statutory severance; court settlements 0.5-1 month per year; notice grows with tenure | 1.5 to 3 x $5,000 | $7,500-$15,000 plus notice |
| United Kingdom | Notice 1 week per full year; redundancy after 2 years (capped weekly pay) | 3 weeks' notice, then statutory redundancy per age band | Notice about $3,462 + redundancy |
| India | Contractual notice (30-90 days common); retrenchment 15 days' pay per year (industrial workers) | 45 days x ($5,000 / 30) = $7,500 | Varies; roles may fall under state law |

Arithmetic notes. Brazil: 39 days is 30 plus 3 x 3. Colombia: 30 + 20 + 20 = 70 days. UK: $60,000 / 52 = $1,154 a week x 3 = $3,462 (the redundancy amount depends on age and a statutory weekly pay cap, which we did not retrieve). Vietnam's job-loss allowance applies to specific redundancy cases, and the separate employment allowance is 0.5 month per year of service ($7,500 for three years). Poland's notice cost is paid via working the notice or pay in lieu; the statute adds redundancy pay at 1, 2 or 3 months only at employers with 20+ employees, and that scale is based on a different tenure band. Sources: country files built from [Deel Mexico](https://www.deel.com/blog/employer-of-record-mexico/), [Deel Colombia](https://www.deel.com/blog/employer-of-record-colombia/), [Deel Brazil](https://www.deel.com/blog/employer-of-record-brazil/), [Payoneer Thailand](https://www.payoneer.com/resources/workforce-management/eor-country-guides/thailand/), [Boundless Poland](https://boundlesshq.com/blog/running-payroll-in-poland/), [GOV.UK](https://www.gov.uk/employer-reporting-changes), [KPMG India](https://kpmg.com/in/en/blogs/2025/12/implementation-of-labour-codes-what-changes-and-road-ahead.html). Several rules in our files are marked not verified from a retrieved source, notably Mexico's seniority premium; verify with local counsel before quoting any number to an employee.

The spread is large. Thailand's formula ($30,000) is roughly 4 times the German settlement low end ($7,500), while Thailand's employer payroll charges are only 2-6% of base. Cheap on-costs can hide expensive exits.

## Six-month versus three-year tenure

Costs scale with service. Thailand's formula for 120 days to under 1 year is 30 days' wages: 30 x ($5,000 / 30) = $5,000. For three years it is $30,000, six times higher. Colombia at one year is 30 days: $5,000; at three years 70 days: $11,667. In Brazil notice at one year is 33 days. Practical consequence: a probation decision is the cheapest exit you will ever have.

| Country | Probation (from data) |
|---|---|
| Poland | Up to 3 months; notice 3 working days to 2 weeks |
| Brazil | Experience contract up to 90 days |
| Philippines | Maximum 6 months; standards must be told at hiring |
| Vietnam | 30-60 days by qualification; salary at least 85% |
| Thailand | No statutory maximum; severance eligibility starts at 120 days |
| Germany | Up to 6 months, 2 weeks' notice |
| Mexico | Up to 30 days (over 180-day contracts) or 180 days for managerial/technical roles |

Rule of thumb: put a written review at about two-thirds of the probation period, and decide before the final week.

## What to check in the EOR contract

Public pages tell you little about exit terms, so ask. The items below come from what providers do state and what our research could not confirm.

1. **Who pays statutory termination costs.** Typically these are pass-through costs to the client. Confirm in writing; verify with provider.
2. **Exit fee or offboarding fee.** Playroll says it never charges onboarding or offboarding fees ([Playroll](https://playroll.com/blog/how-much-does-an-eor-cost)). Deel says no long-term commitments and G-P states no minimum contract length; neither page we read addressed offboarding fees. Oyster requires a refundable deposit; ask when it returns ([Oyster](https://www.oysterhr.com/pricing)).
3. **Notice to end the service agreement.** Distinct from employee notice. Check the notice period and whether fees run until the employee actually leaves.
4. **Process support.** Does the provider handle the termination letter, local-language documentation, labour-office notifications and final payslip? Brazil requires FGTS release and a 40% fine payment; Philippines requires written notice to the employee and DOLE for authorised cause.
5. **Liability if a claim follows.** Who defends and who pays a labour court award? Ask for the indemnity clause. Remote lists Contractor of Record "uncapped indemnity", but EOR terms were not available to us.
6. **Transfer to your own entity.** If you later open an entity, can the employee move with service continuity and at what fee? Verify with provider.
7. **Final pay timing.** India requires final settlement within two working days of termination under the Code on Wages. Local deadlines are short and missing them adds penalties.

## High-risk situations

- **Protected employees:** Brazil protects pregnant employees, workers on work-accident leave and CIPA representatives. Poland protects pregnant employees, those close to retirement age and union reps. Germany adds parental leave and works-council protections. Dismissing a protected person is the quickest route to a reinstatement order.
- **Dismissal for poor performance without records:** Brazil, the Philippines and Poland all examine whether the stated reason is genuine and documented.
- **Collective dismissals:** Colombia requires notification for 10+ workers within 30 days; the UK requires collective consultation for 20+ redundancies in 90 days; Mexico employers with 50+ staff must consult.
- **Reform risk:** Argentina's 2026 Labor Modernization Law caps the severance basis, and a new Labor Assistance Fund funded by 1% (large firms) or 2.5% (others) of ANSES contributions takes effect 1 November 2026 per DLA Piper (other reports put the rate at 1-3% of payroll and say it may be postponed); implementation status should be rechecked ([DLA Piper](https://www.dlapiper.com/insights/publications/2026/06/argentina-approves-new-labor-regulations-related-to-severance-obligations)). The UK's unfair dismissal qualifying period is being changed by the Employment Rights Act 2025; confirm the current rule before relying on two years.

## An offboarding checklist

1. Decide the legal basis (performance, redundancy, mutual agreement, cause) with your EOR and local counsel.
2. Collect the file: contract, performance notes, warnings, role description.
3. Calculate the full cost with the EOR, using the formula for the country and tenure; compare it with a negotiated exit. Brazil offers mutual agreement termination at a 20% FGTS fine instead of 40%, with 80% FGTS withdrawal.
4. Plan the conversation with the EOR's HR team; do not send termination emails yourself.
5. Revoke access at the same time the employee is notified, and recover equipment.
6. Confirm IP assignment, confidentiality and non-solicit terms are in the signed contract.
7. Confirm final payslip, accrued leave and 13th-month pro-rata are paid by the local deadline.
8. Keep records for the local limitation period; ask the EOR how long it retains them.

## Bottom line

Price the exit before you hire. In our three-year example statutory amounts run from about $7,500 (Germany settlement low end) to $30,000 (Thailand) on a $60,000 salary, so the right comparison is not EOR fee against EOR fee but fee plus likely exit cost. Prefer short probation checkpoints, document performance from the first month, and get the termination cost pass-through, exit fee and indemnity terms in writing. Numbers above are illustrative, rest on rules our files mark as unverified in places, and change with reform; verify with provider and local counsel. This is general information, not legal or tax advice.