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Employment guide

Hire and pay employees
in India

Employment law, payroll compliance, taxes, benefits, and hiring requirements for India — curated and reviewed by Remote&.

Capital
New Delhi
Currency
₹ Indian Rupee (INR)
Working Hours
40 hours per week (9-hour day including 1-hour break)
Min. salary
INR 178/day (state and skill-level variations apply)
01 — Country basics

India at a glance

Capital
New Delhi
Language
Hindi and English widely used; state languages apply
Currency
₹ Indian Rupee (INR)
Working Hours
40 hours per week (9-hour day including 1-hour break)
Public Holidays
3 national holidays + 7–14 state/festival days (varies by state)
Minimum Salary
INR 178/day (state and skill-level variations apply)
Tax Year
Apr 1 – Mar 31
Worker misclassification risk
Misclassification in India triggers back contributions to EPF and ESI plus interest and penal damages, potential prosecution, and significant tax/withholding exposure. Indian courts apply a multi-factor control test regardless of contract language — supervision, integration, and economic dependence all matter.
02 — Tax obligations

Taxes in India

Employer Contributions

Total employer contributions: ~15%–25% (varies by wage level and eligibility)

Contribution TypeRate
Employees' Provident Fund (EPF)12% of basic + dearness allowance
Employees' State Insurance (ESI)3.25% of gross wages (employees earning ≤ ₹21,000/month)
Employees' Deposit Linked Insurance (EDLI)0.5% (capped at ₹15,000 wage base)
EPF Administrative Charges0.5% of EPF wages
Gratuity accrual~4.81% of basic pay (payable after 5 years' service)
Statutory Bonus (where eligible)8.33%–20% (for employees earning ≤ ₹21,000/month)
Employer contributions

Total employer contributions: ~15%–25% (varies by wage level and eligibility)

Contribution TypeRate
Employees' Provident Fund (EPF)12% of basic + dearness allowance
Employees' State Insurance (ESI)3.25% of gross wages (employees earning ≤ ₹21,000/month)
Employees' Deposit Linked Insurance (EDLI)0.5% (capped at ₹15,000 wage base)
EPF Administrative Charges0.5% of EPF wages
Gratuity accrual~4.81% of basic pay (payable after 5 years' service)
Statutory Bonus (where eligible)8.33%–20% (for employees earning ≤ ₹21,000/month)
Employee contributions

Income tax: 0%–30% | Social security: ~12.75%

Contribution TypeRate
Employees' Provident Fund (EPF)12% of basic + dearness allowance
Employees' State Insurance (ESI)0.75% of gross wages (if earning ≤ ₹21,000/month)
Professional Tax (state levy)₹0–₹200/month (varies by state)
Income tax brackets
Annual Income (INR)Rate
Up to ₹4,00,0000%
₹4,00,001 – ₹8,00,0005%
₹8,00,001 – ₹12,00,00010%
₹12,00,001 – ₹16,00,00015%
₹16,00,001 – ₹20,00,00020%
₹20,00,001 – ₹24,00,00025%
Above ₹24,00,00030%
03 — Remote& EOR

Employer of Record in India

How Remote& EOR Works

Remote& acts as the legal employer of your Indian workers — managing EPF/ESI registrations, TDS (tax deducted at source), payroll, and employment contracts in accordance with India's labour laws and state-level Shops & Establishments Acts, while you direct the work.

PartyRole
Your CompanyManages work tasks, performance, and team direction
Remote&Runs payroll, files EPF/ESI/TDS, administers statutory benefits, ensures Labour Code and state-law compliance
EmployeeWorks for your company under a locally compliant Indian contract

Ask Remi:

"Hire a senior software architect in Bangalore — ₹30,00,000/year, starting next month" Remi handles everything: contract, EPF/ESI registration, TDS setup, gratuity accrual, and payroll.
04 — What employees receive

Benefits in India

Statutory
  • Employees' Provident Fund (EPF): Mandatory for establishments with 20+ employees. Employer contributes 12% of basic + DA (8.33% goes to EPS pension fund, capped at ₹1,250/month; balance to EPF)
  • Employees' State Insurance (ESI): Mandatory for employees earning ≤ ₹21,000/month. Covers sickness, maternity, disability, and workplace injury. Employer contributes 3.25%
  • Gratuity: Statutory payout of 15 days' wages per completed year of service, payable after 5 years of continuous employment
  • Statutory Bonus: Applicable to employees earning ≤ ₹21,000/month — minimum 8.33% of salary, up to 20%
Common additional
  • Group medical and life insurance
  • Outpatient, dental, and vision coverage
  • Internet and telecom allowance
  • Meal and food vouchers (Sodexo/Zeta)
  • Transportation support
  • Employee stock options / RSUs
  • Education and professional development assistance
05 — Time away from work

Leave entitlements

Leave typeEntitlement
Earned/Privilege Leave12–30 days per year (state-specific)
Casual Leave~6 days per year (urgent personal matters)
Sick Leave15 days
Public Holidays3 national holidays + 7–14 state/festival days
Maternity Leave26 weeks (first two children); 12 weeks for subsequent children or adoption
Paternity LeaveNot mandated in the private sector — company policy applies
06 — Contracts & rights

Employment conditions

Probation

Probation terms must be specified in the employment contract. Six months is typical; no statutory maximum applies at the central level (some state-level Shops Acts may vary).

Social Security Registration

Employers must register eligible employees with EPF and ESI within defined timelines. EPF applies to establishments with 20+ employees; ESI applies for employees earning ≤ ₹21,000/month.

Employee Rights & Protections

Indian workers are entitled to: trade union membership rights, protection from unfair dismissal, safe and dignified working conditions, equal remuneration, maternity benefits, and protection against child and forced labor.

07 — Payroll cadence

Payments

Payment frequency
Monthly
Payday
Last working day of each month. The Payment of Wages Act requires timely payment through authorized channels with itemized payslips.
08 — Off-boarding

End of employment in India

India does not recognize at-will employment. Termination must follow statutory procedures, with notice and compensation requirements set by labour laws. "Workmen" (employees in non-supervisory roles in establishments with 100+ workers) require government approval for retrenchment. All employees are entitled to proper notice and severance as specified by applicable law and contract.

09 — Common questions

Frequently asked questions

Four routes: run payroll from HQ for short-term arrangements; engage contractors (valid for genuinely independent work — Remote& supports contractor classification); establish an Indian entity for direct employment; or use Remote& as Employer of Record — covering EPF, ESI, TDS, and state-law compliance without local registration.

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