A recruitment agency helps an employer find candidates. A staffing agency may supply workers for temporary, replacement, seasonal, or project-based needs.
That distinction is simple in theory. In China, it also determines who signs the labor contract, operates payroll, makes statutory contributions, manages the worker, and carries employment risk.
Staffing arrangements may involve regulated labor dispatch, genuine outsourcing, temporary direct employment, or an Employer of Record. Employers should examine the actual arrangement rather than relying on labels such as “staffing,” “outsourcing,” or “agency payroll.”
The Short Answer
Use a recruitment agency when:
- You need help finding permanent or long-term employees.
- Your company or EOR will employ the selected candidate.
- Candidate quality and market access are the principal concerns.
- You need salary benchmarking, screening, or interview support.
Consider staffing when:
- You need genuinely temporary or replacement workers.
- The work has a defined duration.
- The provider will remain involved after placement.
- The legal structure has been reviewed for labor-dispatch or outsourcing requirements.
Use an EOR when:
- You need an ongoing China-based employee.
- Your company does not have a suitable China entity.
- You need a local employer, payroll, tax, and statutory administration.
What Does a Recruitment Agency Do?
A recruitment agency sources and evaluates candidates for positions that another entity will ultimately employ.
Recruitment services may include:
- Job-description localization
- Salary benchmarking
- Market mapping
- Candidate sourcing
- Resume screening
- Interviews
- Reference checks
- Offer coordination
- Notice-period follow-up
- Replacement guarantees
The recruitment agency’s involvement usually ends after the employee joins or completes an agreed guarantee period.
The employer may be:
- The client’s Chinese entity
- An EOR’s Chinese entity
- Another properly established local employer
Recruitment does not itself solve the employment structure. A foreign company can successfully identify a candidate and still be unable to onboard that person if it has no China-side employer.
HROne’s China recruitment service can support candidate sourcing and selection, but it must be paired with the appropriate hiring model.
What Does a Staffing Agency Do?
A staffing agency helps provide workforce coverage, often for shorter or more flexible requirements.
Common use cases include:
- Temporary absence coverage
- Seasonal demand
- Short-term administrative support
- Project teams
- Peak production periods
- Event or campaign staffing
- Interim operational support
- Temp-to-hire arrangements
The agency may recruit the workers, employ them, assign them to the client, operate payroll, and remain involved throughout the assignment.
In China, this can resemble labor dispatch when the provider employs workers and assigns them to work under the client’s daily direction.
That means the employer must determine whether the arrangement is:
- Labor dispatch
- EOR employment
- Genuine service outsourcing
- Direct fixed-term employment
- Part-time employment
- Independent contracting
These models are not interchangeable.
Staffing vs Recruitment: Core Differences
Purpose
Recruitment solves a talent-search problem. Staffing solves a workforce-coverage problem.
Legal Employer
After recruitment, the client’s entity or EOR usually becomes the employer.
With staffing, the agency or another provider may remain the employer. The exact entity must be identified before work begins.
Duration
Recruitment is commonly used for permanent or long-term roles.
Staffing is more often used for temporary, seasonal, replacement, or project requirements, although the label alone does not determine legality.
Payroll and Benefits
A recruitment agency usually does not operate payroll after placement unless it offers a separate service.
A staffing provider may pay salary and administer benefits if it is the worker’s legal employer.
Fees
Recruitment agencies commonly charge a placement or retained-search fee.
Staffing providers may charge based on worker cost, hours, duration, payroll, statutory expenses, and a service margin.
An EOR usually charges an ongoing employment-administration fee in addition to salary and statutory costs.
Management
The client directly manages an employee hired after recruitment.
The client may also direct staffing-agency workers, but the level of control matters when determining whether the model is dispatch, employment, or genuine outsourcing.
How Labor Dispatch Works in China
Labor dispatch is a regulated arrangement involving:
- A dispatch agency
- A dispatched worker
- A user entity where the work is performed
The dispatch agency signs the labor contract with the worker. The user entity directs the day-to-day work and provides the workplace.
China’s Interim Provisions on Labor Dispatch restrict dispatch to three types of positions:
- Temporary: a position lasting no more than six months
- Auxiliary: a non-core position supporting the user entity’s main business
- Substitute: a position temporarily replacing an absent employee
The number of dispatched workers generally cannot exceed 10% of the user entity’s total workforce. The calculation includes directly hired and dispatched workers.
Certain arrangements, including qualifying foreign representative offices, may be treated differently under the provisions. Employers should confirm whether an exception actually applies.
The official Interim Provisions on Labor Dispatch also address employment contracts, equal pay, social insurance, work injury, worker return, and cross-region dispatch.
Labor Dispatch Is Not a General Hiring Shortcut
Dispatch should not be used simply because a company wants to avoid increasing direct headcount.
Before using it, confirm that:
- The agency holds the required labor-dispatch license.
- The position is temporary, auxiliary, or substitute.
- Any auxiliary position has been identified through the required process.
- The user entity remains within the applicable workforce limit.
- The agency signs the required written labor contract.
- The dispatch agreement covers salary, benefits, working hours, location, and responsibilities.
- Equal-pay requirements are addressed.
- Social insurance is administered in the correct location.
- Work-injury responsibilities are clear.
- Return and termination procedures comply with the rules.
The Labor Contract Law’s dispatch provisions set out responsibilities for dispatch agencies and user entities.
Staffing Is Not Always Labor Dispatch
A staffing company may offer several different services. Not all staffing arrangements are automatically labor dispatch.
For example, the provider may:
- Introduce candidates only
- Employ and dispatch workers
- Provide EOR employment
- Manage a genuine outsourced service
- Recruit temporary employees for direct hire
- Supply independent specialists for defined projects
The name on the proposal does not determine the model. The contract, actual management structure, payment process, and working relationship do.
Genuine Outsourcing vs Disguised Dispatch
In genuine outsourcing, the client purchases a defined service or result from a vendor.
The vendor should ordinarily control:
- Its employees
- Work allocation
- Supervision
- Staffing levels
- Internal processes
- Performance management
- Service delivery
The client manages the output and service standards rather than directing each vendor employee like internal staff.
Warning signs of disguised dispatch include:
- The client interviews and selects each worker.
- Workers report directly to client managers.
- The client controls attendance and leave.
- Charges are based mainly on individual labor time.
- Workers use internal employee titles.
- The vendor has little control over service delivery.
- The client can demand the removal of workers at will.
- No independent deliverable is defined.
The Interim Provisions state that arrangements described as contracting or outsourcing can be treated as labor dispatch when they operate in the form of dispatch.
How Is EOR Different?
An Employer of Record provides a local employment structure for a company that does not have its own suitable employing entity in China.
The EOR generally handles:
- Employment contracts
- Payroll
- Individual income tax
- Social insurance
- Housing fund administration
- Employee records
- Onboarding
- Leave administration
- Contract changes
- Offboarding
The client manages the employee’s commercial responsibilities.
EOR is commonly used for first hires, remote teams, market testing, sourcing personnel, sales employees, and technical-support roles.
However, “EOR” is a commercial description rather than a substitute for legal analysis. Employers should ask which Chinese entity signs the contract and what underlying legal structure supports the arrangement.
Read the China EOR guide or review HROne’s China EOR services.
EOR vs Staffing
EOR is normally selected because the foreign company lacks a China-side legal employer.
Staffing is normally selected because the company needs temporary or flexible workforce coverage.
The models may overlap operationally, but employers should confirm:
- Who is the legal employer?
- Does labor dispatch apply?
- Is the provider licensed for the proposed structure?
- Is the role temporary, auxiliary, or substitute?
- Is the arrangement intended for a core, long-term position?
- Who handles payroll and statutory benefits?
- Who manages performance and termination?
- What happens when the assignment ends?
For a strategic, ongoing employee, EOR or direct employment may fit better than temporary staffing.
Where PEO and Payroll Outsourcing Fit
A PEO-style service supports companies that already have a Chinese entity and remain the legal employer.
Depending on scope, China PEO services may support payroll, HR administration, statutory benefits, documentation, and compliance workflows.
Payroll outsourcing is narrower. The client remains the legal employer while the provider helps calculate salary, IIT, social insurance, housing fund, and payslips.
See HROne’s China payroll outsourcing service if the company already employs workers directly.
Neither PEO nor payroll outsourcing solves the absence of a legal employer.
When to Use a Recruitment Agency
Recruitment is usually the right starting point when:
- The position is permanent or long term.
- The employer structure already exists.
- You need specialist or bilingual talent.
- The role is difficult to source.
- Local salary knowledge is important.
- You need confidential executive search.
- Candidate quality matters more than immediate temporary coverage.
Typical roles include managers, engineers, sales professionals, finance staff, HR leaders, sourcing specialists, and quality professionals.
A foreign company without an entity may use recruitment to find the candidate and EOR to employ that person.
When to Use a Staffing Agency
Staffing may fit when:
- A worker is replacing an employee on leave.
- The requirement lasts no more than a defined period.
- The role is genuinely auxiliary.
- A short-term workload increase requires additional capacity.
- The provider and role satisfy applicable dispatch rules.
- Responsibilities are clearly documented.
Do not use staffing for an indefinite core role simply because the company prefers not to increase direct headcount.
For short-term requirements without a local entity, review HROne’s temporary employment solution and confirm the proposed legal structure.
What About Project-Based Work?
A project does not automatically justify a contractor or staffing arrangement.
Ask whether the company needs:
- A worker under its daily management
- A team supplied by an agency
- A genuine independent contractor
- An outsourced business result
- A fixed-term employee
- EOR employment for the project duration
If the company manages the individual’s hours, methods, and daily activities, the arrangement may look more like employment than independent service delivery.
HROne’s project-based hiring solution outlines employment support for defined assignments.
The Labor Contract Still Matters
China’s Labor Contract Law states that an employment relationship begins when the worker starts work and generally requires a written labor contract.
The contract and operating reality should identify:
- Legal employer
- Position
- Work location
- Contract duration
- Working hours
- Rest and leave
- Compensation
- Social insurance
- Working conditions
- Probation where lawful
Employers should receive evidence that the provider has completed the promised employment and payroll processes.
Provider Due-Diligence Checklist
Before selecting a staffing, recruitment, EOR, PEO, or payroll provider, ask:
- What exact service model are you proposing?
- Which Chinese entity signs the worker’s contract?
- Does the model involve labor dispatch?
- Can you provide the required operating license?
- Does the role satisfy dispatch limitations?
- How is the 10% workforce limit assessed?
- Who pays salary and statutory contributions?
- Where is social insurance registered?
- Who approves leave, overtime, and expenses?
- Who handles work injuries?
- How are performance and disciplinary issues documented?
- What happens when the client no longer needs the worker?
- Are conversion or direct-hire fees charged?
- Are subcontractors or partner entities involved?
- How is worker data stored and transferred?
- Which costs are included and which are additional?
Request sample contracts, payroll reports, statutory-payment evidence, service procedures, and escalation contacts.
Common Mistakes
Avoid:
- Using recruitment without arranging a legal employer
- Assuming every staffing agency is licensed for dispatch
- Using dispatched workers in unrestricted core positions
- Ignoring the 10% dispatch limit
- Calling labor supply “outsourcing”
- Assuming agency payroll alone proves compliance
- Selecting a provider based only on the monthly fee
- Failing to identify the entity signing the contract
- Ignoring social insurance location
- Announcing a worker’s removal before reviewing the legal process
- Failing to plan conversion from temporary to permanent employment
Which Hiring Model Should You Choose?
Choose based on the problem:
- Need candidates: recruitment
- Need temporary coverage: staffing or dispatch, subject to review
- Need an employee but have no China entity: EOR
- Have a China entity but need broad HR support: PEO
- Have a China entity and need payroll execution: payroll outsourcing
- Need a defined external result: genuine service outsourcing
- Need independent specialist output: contractor, if genuinely independent
See how to employ workers in China legally for a complete comparison of employment models.
Make the Employment Structure Clear First
A recruitment agency finds talent. A staffing agency supplies workforce capacity. An EOR provides a local employment structure. A PEO or payroll provider supports an employer that already exists.
In China, choosing among them affects contracts, payroll, social insurance, worker control, dispatch limits, and offboarding.
Define the role, duration, management structure, and legal employer before engaging the provider or making an offer.
HROne supports foreign companies with China recruitment, EOR employment, temporary hiring, payroll, and HR administration. Contact HROne to discuss the appropriate model.
This article provides general information and does not constitute legal or payroll advice. The appropriate structure depends on the role, location, duration, provider, and actual working arrangement.
Frequently Asked Questions
What is the main difference between staffing and recruitment?
Recruitment finds candidates for another entity to employ. Staffing may supply workers and remain involved throughout a temporary or flexible assignment.
Is staffing the same as labor dispatch in China?
Not always. However, an agency-employed worker assigned to work under a client’s direction may fall within the labor-dispatch framework.
What is the labor-dispatch limit?
Dispatched workers generally cannot exceed 10% of the user entity’s total workforce, subject to specific rules and exceptions.
Should a foreign company use recruitment or EOR?
Use recruitment to find candidates. Use EOR when the company lacks a suitable China entity to employ the selected candidate. Many companies use both.
Can staffing be used for permanent core roles?
Labor dispatch is generally restricted to temporary, auxiliary, or substitute positions. Ongoing core roles may be better suited to direct employment or EOR.
Is EOR the same as staffing?
No. EOR is generally used to provide a local legal employer for companies without a China entity. Staffing primarily addresses temporary or flexible workforce needs.



