How to hire employees in India through an Employer of Record (EOR) [2026 guide]

? 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 .

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 , the Ministry of Labour and Employment, and other state regulators.

Alternatively, you can use an , which handles Indian payroll, tax, and compliance for you. Through ’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 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

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.

EOR

Legal entity

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.

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Step #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 , think about the services you need and how much you plan to grow your global hiring footprint.

All-in-one global HR platforms, like , let you hire, pay, and manage employees and . 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. .

All-in-One Global HR Platforms

Most EOR Platforms

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:

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.

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 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, , 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. .

Step #4: Run payroll

For the full picture on global payroll, .

Once you’ve collected a new hire’s details and both parties have signed , 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 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 —are built in.

If you're ready to start hiring in India without setting up an entity, .

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.

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Frequently asked questions about hiring through an EOR in India

EORs typically use one of two pricing structures:

  • Fixed monthly fee per employee

  • Percentage of payroll plus applicable taxes

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.

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.

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.

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.

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.

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.

On top of salary, employers in India contribute to several statutory schemes. The main ones:

Contribution

Employer share

Employee share

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

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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.

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Author

AliceXerri-BrandShoot-Nov25-35 Original

Alice Xerri

Content Writer

Alice Xerri is a content marketer and copywriter specialising in finance, payroll, HR, and tech. She writes for Rippling on topics across HR and payroll, with a focus on making topics easy to understand so the people who need them (whether that's an HR manager navigating a new compliance change or an employee trying to understand what it means for their pay) can actually use them. Alice is always thinking about the reader first, making sure every piece is clear, practical, and worth their time.

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