India Hiring Guide in 2026

Compare hiring through an entity, an employer of record or a contractor, with verified employer costs at three salary points, notice and severance rules, and the leave entitlements that changed under the labour codes.
Dhiraj
Written By: Dhiraj Das

Co-founder

Manjuri-Dutta
Edited By: Manjuri Dutta

Co-founder & Editor

Hiring in India
CurrencyIndian rupee (INR)
Employer statutory cost3% to 17% of gross
Provident fund (EPF)12% employer, capped at ₹15,000 wages
State insurance (ESI)3.25% employer, gross up to ₹21,000
Minimum wageSet by state and job categorySee state rates
Paid annual leave1 day per 20 days worked
Maternity leave26 weeks, paid by the employerLeave rules
Notice period30 days for workers, contract terms above

Four ways to hire in India

The route you pick decides who runs payroll, who holds the registrations, and who pays if a hire is reclassified later.

OptionOwn entityEmployer of recordIndependent contractorStaffing contractor
Setup time2 to 4 weeks2 to 5 working daysSame day1 to 2 weeks
Upfront costMCA fees, plus a resident directorNone, or 1 to 2 months depositNoneNone
Ongoing costContributions, payroll, audit, ROC filingsMonthly fee per employeeInvoice value, TDS at sourceWages plus contractor margin
Legal employerYour Indian companyThe provider's Indian entityNobody, the person is self-employedThe contractor, you are principal employer
Reclassification exposureLowLowHighMedium
Best forA long-term base or 15 plus hiresFirst hires and teams of 1 to 20Independent specialists on defined deliverablesSite-based or high-turnover roles

Employment terms and working conditions

The rules below changed on 21 November 2025 when the four labour codes came into force, and the first group is where existing payroll practice most often breaks.

New or changed under the codesThese broke long-standing practice. Check these first.
Final settlementWithin 2 working days of the exit dateReplaced a 30 to 45 day market norm. Code on Wages section 17
Wage structureExcluded allowances above 50% of remuneration count back as wagesRaises the provident fund and gratuity base. Code on Wages section 2(y)
Appointment letterMandatory for every employee, in the prescribed formatNot previously required. OSH Code
Daily hours8 hours, reduced from 9Spread over rose to 12 hours including rest. OSH Code section 25
OvertimeTwice the ordinary rate, worker consent requiredNow calculated on the expanded wage base, so materially more expensive. OSH Code section 26
Fixed-term staffSame wages and benefits as permanent staff in comparable rolesIR Code
Unchanged, or yours to setCarried forward from the repealed acts, or decided by state and contract.
Working week48 hoursOSH Code section 25
Salary paymentBy the 7th of the following monthCode on Wages section 17
Standing ordersRequired at 300 or more workersThreshold raised from 100. IR Code section 30
Weekly restOne paid day off per weekSet by state rules
ProbationNo statutory limit, 3 to 6 months is normal practiceEmployment contract

Cost of employment

Employer statutory cost in India falls as salary rises, because both social security schemes are capped and one of them stops entirely above ₹21,000 gross.

  • Provident fund, EDLI and admin charges
  • State insurance (ESI)
  • Gratuity accrual
₹20,000 a month12.2% of gross

₹2,431 a month on top of salary. This is the only one of the three points where ESI applies and where provident fund is charged on full wages rather than the ceiling, which is why the load is roughly four times what it is on a senior salary.

₹60,000 a month5.7% of gross

₹3,393 a month. ESI has dropped out and provident fund is fixed at ₹1,950. If you contribute on full wages rather than the ceiling, which many employers do by long practice, the figure rises to ₹5,268, or 8.8%.

₹2,00,000 a month3.4% of gross

₹6,760 a month, of which gratuity accrual is ₹4,810. Contributing on full wages instead of the ceiling takes it to ₹17,385, or 8.7%, so ask any provider quoting you an India cost which of the two structures the quote assumes.

Provident fund at 12% of wages capped at ₹15,000 monthly, ceiling declared by notification dated 29 May 2026 under the Code on Social Security, 2020. EDLI at 0.5% capped at the same wage. ESI at 3.25% of gross wages up to ₹21,000, rate in force since 1 July 2019 and ceiling since January 2017. Gratuity accrued at 15 days of wages per completed year, or 4.81% of wages. Professional tax is deducted from the employee and is not an employer cost.

Statutory leave and benefits

Earned leave accrues by days worked rather than as a fixed annual allowance, and the state layer sits on top of the central one for casual leave, sick leave and holidays.

Earned leave1 day per 20 days worked, after 180 daysEmployer pays
Carry forwardUp to 30 days, excess encashedEmployer pays
Leave on exitFull balance, paid within 2 working daysEmployer pays
Casual and sick leaveSet by state, commonly 7 to 12 days eachEmployer pays
National holidays3 paid days: 26 January, 15 August, 2 OctoberEmployer pays
State holidaysSet by state, commonly 8 to 12 daysEmployer pays
Maternity leave26 weeks for the first two childrenEmployer pays
Paternity leaveNo private sector entitlementPolicy only
Gratuity15 days of wages per year, after 5 yearsEmployer pays
Sickness and medical coverThrough ESI, on gross wages up to ₹21,000Both contribute

OSH Code, 2020 section 32. Code on Social Security, 2020. Full maternity and paternity rules are set out in the India maternity and paternity leave guide. Statutory bonus is not listed because the eligibility threshold and calculation base under the Code on Wages await notification.

Termination and offboarding

India is not an at-will jurisdiction, and what you owe depends less on tenure than on whether the person counts as a worker, which most senior hires do not.

Non-workerManagerial and supervisory roles, governed by the contract and the state shops and establishments act.
On probation
NoticePer contract, commonly 7 to 30 days
SeveranceNone
Below the state threshold
NoticePer contract
SeveranceNone
Above the state threshold
Notice30 days or pay in lieu
SeveranceNone, except in Telangana
WorkerDefined by the Industrial Relations Code. Most senior and managerial hires fall outside it.
Under 1 year
NoticePer contract
SeveranceNone
1 year or more, under 300 workers
Notice1 month or pay in lieu
Severance15 days average pay per year, plus 15 days to the reskilling fund
1 year or more, 300 or more workers
Notice3 months, and prior government permission
SeveranceSame as above

Industrial Relations Code, 2020 sections 70, 77, 79 and 83, in force 21 November 2025. State thresholds are 3 months of continuous service in Delhi and 6 months in Karnataka, Tamil Nadu and Telangana. In Karnataka, Tamil Nadu and Telangana an employee past that threshold can only be dismissed for reasonable cause, so notice alone does not make a termination lawful. Telangana adds service compensation of 15 days average wages per year after one year. A fixed-term employee needs no notice on expiry of the term but takes pro rata gratuity after one year. All dues are payable within 2 working days of the exit date.

Getting started

A first India hire through an employer of record typically runs from decision to first payroll in two to four weeks.

1
Pick the route

Entity or employer of record, decided on headcount plan and IP ownership rather than on cost alone. Incorporation runs 2 to 4 weeks before registrations begin.

Week 1
2
Structure the offer

Set wages at 50% of gross so the package survives the Code on Wages definition, and agree whether provident fund is contributed on the ₹15,000 ceiling or on full wages.

Week 1
3
Issue the appointment letter

Mandatory for every employee in the prescribed format, covering designation, wages and social security details. Fix the notice period here.

Week 2
4
Complete registrations

PAN, Aadhaar linkage, bank details, UAN generation, and ESI enrolment within 10 days of joining. Running your own entity, add EPFO, ESIC, professional tax and shops and establishments registration.

Week 3
5
Run first payroll

Salary is due by the 7th of the following month, with provident fund and ESI remittances due by the 15th.

Week 4

Best EOR providers in India

Five providers we have reviewed that employ in India. Full scoring and the ranked list sit on the India EOR page.

Compare EOR providers for India

Provider scoring, pricing detail and the ranked list for India sit on the country EOR page, updated as rates change.

See the India EOR page
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Questions employers ask about hiring in India

The seven below are the ones where published guidance is most often out of date or wrong.

Do the new labour codes actually apply yet?

Yes. All four codes came into force on 21 November 2025 and the central rules were notified on 8 May 2026. State rules are arriving on their own timelines, so registration steps, weekly rest and some leave rules still differ by state. The codes themselves are binding everywhere.

Does basic pay have to be 50% of CTC?

No, and this is the most repeated error in published guidance. The Code on Wages defines wages as basic pay plus dearness allowance plus retaining allowance. Where the excluded components exceed 50% of all remuneration, the excess is added back into wages for calculating provident fund, gratuity and bonus. It is a reclassification rule, not a mandate on how you structure salary.

What does an employee actually cost on top of salary?

Between 3% and 12% of gross at statutory minimums, falling as salary rises. Provident fund is capped at ₹15,000 of monthly wages and state insurance stops entirely above ₹21,000 gross, so a junior hire carries roughly four times the percentage load of a senior one. Employers who contribute provident fund on full wages rather than the ceiling land nearer 9% at senior salaries.

How much notice do I have to give?

It depends on whether the person is a worker under the Industrial Relations Code, which most managerial and supervisory hires are not. Workers with a year of service get one month plus severance. Everyone else is governed by the contract and the state shops and establishments act, which typically requires 30 days after a qualifying period. In Karnataka, Tamil Nadu and Telangana that act also requires reasonable cause, so notice alone does not make a dismissal lawful.

When does gratuity become payable?

After five years of continuous service for permanent employees, at 15 days of wages per completed year. Fixed-term employees qualify pro rata after one year. Whether service across renewed fixed-term contracts aggregates toward that year is not settled.

How fast do I have to pay someone their final settlement?

Within two working days of the exit date, under section 17 of the Code on Wages. This replaced a market norm of 30 to 45 days and applies to resignation, dismissal and retrenchment alike. Practitioners disagree over whether the two day clock covers the entire settlement or only wages proper, so build your offboarding process around the shorter reading.

Can an employer of record sponsor a work visa in India?

Usually not. The employment visa must be sponsored by the entity that employs the person, and most providers restrict their India service to people who already hold the right to work. The visa also requires a gross annual package above the Ministry of Home Affairs threshold, currently stated as USD 25,000. Confirm sponsorship before building a relocation into a hiring plan.

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