A Guide to an Employer of Record in India

India is one of the world’s fastest-growing economies, offering a vast talent pool, competitive labor costs, and a rapidly expanding consumer market. With a population exceeding 1.4 billion and a median age under 30, it is a hub for technology, manufacturing, services, and innovation.

Cities such as Bangalore, Hyderabad, and Pune have become global IT and R&D centers, while Mumbai and Delhi lead in finance, commerce, and corporate services. From industrial production in Chennai to start-up ecosystems in Gurgaon, India’s diversity of opportunities is unmatched.

Yet, for companies without a registered Indian entity, hiring employees can be challenging. The country’s complex labor laws, multiple state-level regulations, and evolving tax systems require a deep understanding of local compliance.

Employer of Record in India services allow companies to hire quickly and legally without opening their own subsidiary. 

By becoming the legal employer on your behalf, an EOR manages employment contracts, payroll, taxes, benefits, and compliance while you retain full control over daily work and performance.

Why India Is a Strategic Destination for Global Hiring

India offers a rare combination of scale, skills, and cost efficiency that makes it a preferred location for multinational companies:

  • Large, skilled workforce: Expertise in IT, engineering, finance, customer service, pharmaceuticals, and more.
  • Competitive labor costs: Lower operational expenses compared to Western markets without compromising quality.
  • English proficiency: Widely spoken in business and education, easing integration with global teams.
  • Innovation ecosystem: A thriving start-up scene supported by strong government incentives and venture capital.
  • Diverse market access: Strategic position in South Asia with trade links to Asia-Pacific, Europe, and the Middle East.
  • Robust infrastructure: Expanding digital and transportation networks to support business growth.

With Employer of Record services, you can access this market without lengthy company incorporation procedures.

Navigating Indian Employment Law

India’s employment framework is governed by a combination of national labor codes, state-specific regulations, and industry standards. Key points include:

Employment Contracts

While not always mandatory for every role, written contracts are strongly recommended. These should detail job title, responsibilities, salary, benefits, notice periods, and applicable policies.

Working Hours and Overtime

The Factories Act and Shops and Establishments Acts (state-level) regulate working hours. Typically, 8–9 hours per day and 48 hours per week are standard. Overtime pay must meet statutory multipliers.

Leave Entitlements

Annual leave varies by state but generally ranges from 12 to 21 days per year, plus public holidays. Sick leave provisions also vary, with additional maternity and paternity leave entitlements under central law.

Provident Fund and Employee State Insurance

Employers must contribute to the Employees’ Provident Fund (EPF) and, where applicable, to the Employee State Insurance (ESI) scheme for health coverage.

Payroll and Tax Compliance in India

Payroll in India must comply with both federal and state requirements:

  • Income tax: Employers must withhold tax at source (TDS) under the Income Tax Act.
  • Social contributions: Contributions to EPF, ESI, gratuity, and professional tax (state-specific) must be paid accurately and on time.
  • Payslips and reporting: Employers must provide payslips and submit statutory returns to authorities.

The complexity of handling varying state laws makes local payroll expertise essential for risk-free operations.

Immigration and Work Permits

For foreign nationals, India issues several types of visas, with the Employment Visa being most common. Requirements include:

  • A job offer from an Indian entity.
  • Proof of specialized skills or expertise.
  • Minimum salary thresholds for eligibility.

An Employer of Record provider can facilitate visa sponsorship and manage compliance with the Ministry of Home Affairs and the Foreigners Regional Registration Office (FRRO).

Business Culture and Hiring Practices

Indian business culture combines traditional values with modern corporate practices. Hierarchies are common, but decision-making can be swift in dynamic sectors like tech and start-ups. Building relationships and trust is essential before finalizing deals or partnerships.

Recruitment often focuses on educational qualifications, technical expertise, and adaptability. Employees value career progression, skills training, competitive compensation, and benefits like health insurance, performance bonuses, and flexible work options.

Compliance Risks for Foreign Employers

Foreign companies hiring directly in India may face:

  • Misinterpretation of labor laws across states.
  • Errors in tax withholding or statutory contributions.
  • Non-compliance with Shops and Establishments registration.
  • Misclassification of employees and contractors.
  • Penalties for late filings or inaccurate reporting.

Partnering with an EOR eliminates these risks by ensuring every step of the employment process meets legal requirements.

Key Hiring Hubs in India

  • Bangalore: Global IT and software hub.
  • Hyderabad: Pharmaceuticals, biotech, and tech services.
  • Mumbai: Finance, media, and corporate headquarters.
  • Delhi NCR: Government, consulting, and manufacturing.
  • Pune: Engineering, automotive, and education.
  • Chennai: Manufacturing, logistics, and IT services.

With Employer of Record services, you can hire in multiple states without establishing multiple entities.

Post-Hire Compliance and HR Management

Once employees are onboarded, employers must maintain:

  • Timely payroll processing and tax remittances.
  • Statutory contributions to social schemes.
  • Leave and attendance records.
  • Compliance with workplace safety and anti-discrimination laws.
  • GDPR-equivalent compliance for data handling (India’s Data Protection Act).

EOR providers ensure these ongoing obligations are handled efficiently.

Why Choose INS Global for Employer of Record in India

INS Global offers comprehensive Employer of Record in India solutions to help you hire quickly, compliantly, and at scale. Our services include:

  • Drafting and managing compliant employment contracts in English and local languages.
  • Payroll processing, tax withholding, and statutory contributions across multiple states.
  • Benefits administration, including health insurance and retirement schemes.
  • Visa sponsorship and immigration support for expatriates.
  • Ongoing compliance monitoring with state and central regulations.
  • A secure digital HR platform for payroll, documentation, and communication.

With a presence in over 160 countries and 3,200+ clients, INS Global brings both global reach and local expertise to your India hiring strategy.

Expanding into India with Confidence

India’s unmatched talent pool, growing economy, and cost advantages make it a prime market for global expansion. But without local expertise, the country’s regulatory complexity can become a major hurdle.

Partnering with an Employer of Record in India provider like INS Global ensures you can hire the talent you need quickly, without legal risk or operational delays, and focus on growing your business in one of the most dynamic economies in the world.