Hiring in India? Foreign employers keen on tapping into the country’s skilled workforce can start by hiring Indian contractors and sending international payments. But to hire full-time employees, you’ll need to set up a legal entity or hire through an EOR.
Registering a legal entity can take months. Once it’s set up, you need a working knowledge of Indian employment law, and any misstep can attract legal action from the Income Tax Department, the Ministry of Labour and Employment, and other state regulators.
Alternatively, you can use an Employer of Record (EOR), which handles Indian payroll, tax, and compliance for you. Through Rippling EOR’s entities, you can start hiring and working with employees in India quickly and compliantly.
Here’s a step-by-step guide to hiring through an EOR in India.
What is an Employer of Record in India?
An Employer of Record (EOR) is an organisation that serves as the legal employer of your company’s employees. By using an EOR in India, you can expand internationally without setting up an Indian entity. It lets you grow quickly while minimising compliance risk.
EORs handle the administrative work for you, such as onboarding, benefits, payroll, and termination. They also keep up with India's evolving tax and labour laws, including the rollout of the new Labour Codes (more on that below).
Step by step: How to hire through an Employer of Record in India
Step #1: Decide between an Indian EOR and a legal entity
Should you hire Indian employees through an EOR, or set up your own entity? It depends on your company’s resources, size, and plans to scale.
Legal entity in India. Setting up a legal entity from scratch usually means registering with local authorities, opening a local bank account, and consulting with local experts to make sure you’re compliant with tax and employment law. Compliance in India is particularly involved—there are central laws, state laws, and industry-specific rules to navigate.
Indian EOR. An EOR is a third-party service that operates as the employer on your company’s behalf, so you don’t need your own entity. EORs handle the legal requirements for Indian payroll, contracts, and benefits, including statutory contributions to EPF and ESI, state-specific leave entitlements, and termination policies.
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Cost & Implementation | ✔ Faster to set up. ✔ You can start hiring in days instead of months. ✘ Costs scale with headcount, so it can become more expensive as your team grows. | ✘ Setting up an entity in India can take several months, with registration and legal fees along the way. ✔ More cost-effective once you’ve hired enough employees in the market. |
Hiring | ✔ Quicker set up of new hires, often within 1–14 days, depending on the provider. | ✔ Better suited to large-scale, long-term expansion in a single market. |
Compliance | ✔ Handles all your compliance work for you, takes on liability, and provides locally compliant employment contracts. ✘ Less flexible to tailor HR policies and processes to your business. | ✘ You need expert knowledge of Indian employment and tax law and you carry liability for all legal and compliance issues. ✔ Can tailor policies and processes to your business. |
Payroll & Benefits | ✔ Pay and insure employees globally. ✔ Tax filings handled for you. | ✘ You manage statutory deductions, EPF, ESI, and entitlements for every employee. |
Want to compare the two side by side? Use our entity vs EOR cost calculator to see which makes sense for your business.
CompareStep #2: How to choose the best EOR for your business
Several EORs on the market can help hire, pay, and manage Indian employees. Before you choose a platform, think about the services you need and how much you plan to grow your global hiring footprint.
All-in-one global HR platforms, like Rippling, let you hire, pay, and manage employees and contractors worldwide. It’s also a payroll processor, which means it actually runs your payroll, transmits funds, and calculates and files taxes through its own software. You can manage and automate the entire employee journey in one place, across every country you hire in.
Most EOR platforms aren’t HRIS (human resource information systems). They were built specifically to hire and pay people internationally. They aggregate local payroll providers in every country and manually transmit your payroll files to them. This approach comes with many limitations.
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Onboarding new hires | 90 seconds | 2–4 days |
Payroll processing time | <5 days | 2–4 weeks |
Customised reporting | ✔ | ✘ |
Integrated with every HR, IT, and Finance tool you need to run your business | ✔ | ✘ |
Get the full checklist in our guide: What is an EOR?
Hire employees in India in 90 seconds with Rippling
Setting up a corporate entity abroad is normally a long, expensive process. Through Rippling EOR's entities, you can start hiring and working with people abroad quickly and compliantly. See Rippling.
Step #3: How to hire and onboard your Indian employees
Once you’ve picked an EOR that works in India, you can begin onboarding by collecting the following information from each new hire:
Name (matching the account where you’ll deposit their pay)
Date of birth and date of hire
Contact information, including their mailing address in India
Bank account information
Amount to be paid in INR (including any bonuses)
Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN)
An account number for the Employees’ Provident Fund (EPF)
Next, you need to send out an employment agreement that outlines key working conditions. An EOR can automatically localise and distribute employment agreements. Every Indian hire will have a legally compliant contract covering probationary periods, working hours, minimum wage, benefits, and termination policies including severance pay and notice periods.
A note on state variation: earned leave entitlements vary by state. Under the Delhi Shops and Establishments Act, employees are entitled to 15 days of earned leave a year. Maharashtra (which covers Mumbai and Pune) provides up to 21 days. A good EOR will generate compliant employment agreements based on the state your hire works in.
Rippling EOR automatically flags non-compliant leave policies and tells you how to fix them. If you want to give your employees more leave to match policies in other countries, you can do that too. See Rippling.
Step #4: Run payroll
For the full picture on global payroll, read our comprehensive guide to running international payroll for employees in India.
Once you’ve collected a new hire’s details and both parties have signed employment agreements, an EOR will pay your Indian employees in Indian rupees and withhold the legally required taxes from salaries. This includes income taxes deducted at the source (TDS), as well as contributions to social security programmes such as:
Keep in mind many EOR companies are payroll aggregators, which means they pay employees via third-party vendors. This makes for slower processing and headaches when you’re managing international employees in the same system.
Rippling EOR, by contrast, simplifies global employment by using native payroll software to send funds and handle taxes. You can pay Indian employees alongside your local workforce, all within a single pay run.
Below is a preview of how Rippling’s one-click global payroll system works:
What India's new Labour Codes mean for hiring in 2026
On 21 November 2025, the Indian government brought all four Labour Codes into force, replacing 29 existing central labour laws. The Codes are:
The Code on Wages, 2019
The Industrial Relations Code, 2020
The Code on Social Security, 2020
The Occupational Safety, Health and Working Conditions Code, 2020
The biggest changes that affect employers hiring in India:
Mandatory appointment letters for all workers, with specified information.
Expanded social security coverage, including for gig and platform workers.
A standardised definition of "wages" set at a minimum 50% of total monthly remuneration. This affects how EPF, gratuity, and other benefits are calculated, and is likely to increase employer costs for employees on heavily allowance-loaded packages.
Gratuity eligibility for fixed-term employees after just one year of service (down from five for permanent staff).
Women permitted to work night shifts across all sectors, with consent and required safety provisions.
Annual free health checkups for all workers aged 40 and above.
Until final rules are notified, employers operate in a transition period: existing labour laws still apply where they haven't been superseded. A good EOR keeps you compliant on both fronts and updates contracts as state-level rules roll out.
Why Rippling is the right EOR for hiring in India
Most EOR platforms stop at hiring and payroll. Rippling goes further. Because Rippling owns its own entities in India and runs payroll on native software, you're not relying on a chain of third-party vendors to pay your team correctly or stay on top of changing compliance rules.
With Rippling, you can hire, pay, and manage Indian employees alongside your local workforce in one system. Onboarding takes 90 seconds. Payroll runs in minutes. Compliance updates—like the rollout of the new Labour Codes—are built in.
If you're ready to start hiring in India without setting up an entity, see Rippling.
Benefits of using Employer of Record services in India
Hiring in India means navigating central tax law, state-level employment rules, and statutory contributions like EPF and ESI. An EOR streamlines all of that. The main benefits:
Lower upfront cost. Setting up a legal entity in India can take months and cost a significant amount before you've hired anyone. An EOR removes that overhead.
Built-in compliance. Your EOR handles Indian labour law, tax filings, and statutory benefits, including state-by-state variations and the rollout of the Labour Codes.
Faster hiring. Without an entity to set up, you can onboard talent in days rather than months.
Less admin. Your HR team can focus on people, not paperwork. The EOR handles contracts, payroll runs, and statutory filings.
Frequently asked questions about hiring through an EOR in India
How much does an EOR cost in India?
EORs typically use one of two pricing structures:
Both methods can also come with various administrative fees, onboarding charges, and other costs for supplemental features.
Keep in mind that you don’t need to use an EOR for your entire workforce. If you want to segment its use, you’ll only be charged for the employees you hire through the EOR.
Why use an Employer of Record in India?
An EOR streamlines hiring in India and lets foreign companies access top talent without having to set up an entity. It keeps you compliant with Indian employment regulations (tax laws, statutory benefits, offboarding requirements, and the new Labour Codes) and gives you access to local HR experts who know the system.
What is the difference between an EOR and PEO?
A Professional Employer Organisation (PEO) co-employs a company’s workforce and provides administrative services like paying employees, handling compliance, and filing payroll taxes. The company and PEO are jointly responsible for the workforce. A PEO does not, however, allow you to hire in other countries where you haven’t set up a local entity.
An EOR, on the other hand, is the sole legal employer of the portion of your workforce you use it for, and it takes on the associated liabilities. An EOR lets you work with employees in other countries without setting up a legal entity.
Does an EOR protect your sensitive and confidential information?
Outsourcing payroll management to an EOR can save you time and reduce compliance risk, but sharing your data with companies that rely on third-party vendors and manual uploads can leave you exposed to data breaches.
Look for EORs that prioritise data protection, including:
Compliance with industry-standard privacy regulations in different countries
Secure infrastructure with around-the-clock maintenance
Carefully vetted personnel
You can also establish a Data Processing Agreement (DPA) with a payroll service that mandates sound privacy practices and provides legal protection.
Does an EOR help with Indian tax filings?
An EOR can automatically calculate and file your Indian taxes. Rippling, for instance, is an authorised payroll provider by the Income Tax Department. On your company’s behalf, it can distribute and submit forms covering taxable income, TDS payments, and social security contributions.
What are the mandatory benefits for Indian employees?
India’s Ministry of Labour and Employment, along with state-level rules and the Code on Social Security, sets the country’s minimum working conditions. Mandatory employee benefits and time off requirements include:
Retirement payments through the EPF
Employees' State Insurance (ESI) for eligible workers
Earned leave (varies by state, for example, 15 days a year in Delhi, up to 21 in Maharashtra)
Maternity leave under the Maternity Benefit Act—26 weeks for the first two children, 12 weeks for subsequent children, and 12 weeks for adoptive and commissioning mothers
Public holidays
Sick leave (state-specific)
Gratuity payments under the Payment of Gratuity Act
Paternity leave is not federally mandated for private sector employees, but many employers offer it as a discretionary benefit. While all Indian employees are covered by public healthcare, many employers offer private group health insurance plans with more comprehensive coverage.
For more information on mandatory benefits in India, read our complete guide.
What are the employer costs for full-time employees in India?
On top of salary, employers in India contribute to several statutory schemes. The main ones:
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Employees' Provident Fund (EPF) | 3.67% of basic + DA | 12% of basic + DA |
Employees' Pension Scheme (EPS) | 8.33% of basic + DA (capped at ₹15,000 wage ceiling) | Nil |
Employees' State Insurance (ESI) | 3.25% of gross wages | 0.75% of gross wages |
Disclaimer
Rippling and its affiliates do not provide tax, accounting, or legal advice. This material has been prepared for informational purposes only, and is not intended to provide or be relied on for tax, accounting, or legal advice. You should consult your own tax, accounting, and legal advisors before engaging in any related activities or transactions.