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Hiring in India: Complete Guide 2026

Everything you need to know about hiring and managing employees in India

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Numbers

Overview

India delivers unmatched talent scale, particularly in software engineering, data science, finance, and business operations. Major tech hubs — Bengaluru, Hyderabad, Pune, and Delhi NCR — have deep talent pools with strong English proficiency. Employment law is governed at both central and state levels, creating significant compliance variation. An EOR navigates this complexity: handling PF, ESIC, PT, and state-specific Shops and Establishments Act registration so you can focus on hiring.

INR

Currency

English

Primary Language

13-15%

Payroll Tax

Monthly

Pay Frequency

Employer Expenses and Deductions

Overview

Employer Costs

Employer Social Contributions

12% EPF + 3.25% ESIC

Mandatory Benefits

Gratuity after 5yrs

EOR Service Fee

$300–500/mo

Total Additional Cost

~20–28%

Employee Deductions

Income Tax

0–30% progressive

Employee Social Contributions

12% EPF

Mandatory Employee Benefits

12% EPF

PAYROLL & SETUP

Setting Up Payroll in India

Indian payroll runs monthly and involves multiple statutory filings: Provident Fund (PF) at 12% employer contribution, ESIC at 3.25% for eligible employees, Professional Tax (PT) which varies by state, and TDS (Tax Deducted at Source) withholding. An EOR manages all registrations, monthly ECR (Electronic Challan cum Return) filings, payslip issuance, and the mandatory annual Form 16 tax certificate issued to each employee. Salaries are paid in INR, and any equity or USD-denominated components require careful structuring under FEMA regulations to avoid RBI reporting issues.

Labor Laws

Key Labor Laws &
Requirements

Employment Contracts

  • Offer letter and appointment letter required
  • Employment governed by state-level Shops Acts
  • Probation typically 3–6 months

Leave & Time Off

  • 12–18 days annual leave depending on state
  • Sick leave typically 7–12 days per year
  • Maternity leave 26 weeks (for first 2 children)

Termination Rules

  • Notice 30–90 days per contract terms
  • Gratuity payable after 5 years of service
  • Government approval required for large layoffs

COMPLIANCE

Compliance and Contractor Risk in India

India does not have a formal IR35-equivalent, but the labor courts apply a multi-factor employment test — and sustained contractor engagements without clear commercial independence are routinely reclassified. The 2020 Labour Codes consolidate 44 central laws into four codes covering wages, industrial relations, social security, and occupational safety. Full implementation is still in progress at the state level, creating a transitional compliance environment. An EOR employs workers directly under compliant contracts, ensures all statutory benefits are provided from day one, and manages the gratuity liability that accrues after five years of service — a significant balance sheet item for longer-term hires.

Key Challenges

  • State-level Shops Act compliance varies widely
  • Gratuity liability after 5 years of service
  • Complex PF and ESIC registration requirements
  • High attrition in tech sector
  • Infrastructure gaps outside major cities

Country Highlights

Advantages

  • Largest English-speaking tech talent pool globally
  • Highly competitive employment costs
  • Deep expertise across tech, finance, and ops
  • US and EU time zone overlap available
  • Strong diaspora network for hiring referrals

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