How to hire and pay employees in India

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India

Before hiring

EMPLOYEES IN
India

Before hiring employees in India, there are a few things you need to know. India recently introduced a new tax regime that eliminated 70 tax exemptions, but offers lower tax rates. It’s up to employees to decide which system they want to follow. In India, employees that make below a certain income threshold are exempt from income tax entirely.

It’s also important to know that there is a social security system in India which is administered by the Employees’ Provident Fund Organization (EPFO). Both employers and employees are required to contribute to a retirement savings scheme called the Employees Provident Fund (EPF). It’s important for employers to understand the intricacies of these programs before making a hire. 

In India, severance payments are given to workers who have been continuously employed for two years and are terminated for redundancy. Severance payment depends on the duration of employment, performance, and salary.

We know this might sound overwhelming—but it doesn’t have to be. A solution like Oyster eliminates the barriers for you. With Oyster, you can automate compliance across 180+ countries, easily managing HR and payroll—all in one, easy-to-use platform. 

Get an overview of what you need to know when hiring in India below.

At a glance

CURRENCY

INR

OFFICIAL LANGUAGE

HINDI, ENGLISH

PAYROLL FREQUENCY

MONTHLY

PUBLIC HOLIDAYS

10

(based on region;
see here
)

EMPLOYER TAXES

12.05%

of gross salary

13th / 14th SALARY

N/A

Good to know

  • Employees in India living in self-arranged, rented accommodation can claim a house rent allowance (HRA) as a salary tax deduction. Other deductions from income include contributions made to the provident fund, payment of life insurance premiums, and transport allowances.
  • Employees leaving their jobs are entitled to a "gratuity payment" from their employers if they’ve been working for more than five years. This is equal to 15 days' wages for every completed year of service, subject to a cap. Statutory gratuity is usually always payable, unless the employee is terminated for misconduct or gross negligence.
  • Post-employment non-compete clauses are legally unenforceable in India. Employees must provide one month’s notice if they've worked for an employer for one year or more.

Labor laws in

India

Working hours and overtime

Employees in India work eight or nine hours per day, totaling 48 hours a week. Overtime is paid double the rate of an employee’s normal pay.


Employment contracts

Probationary period

In India, the typical probationary period is between three and six months. 

Pensions

Non-compete agreements

Post-employment non-compete clauses are legally unenforceable in India. 

Calculate costs to hire internationally

Benefits and leave in

India

Vacation time

Holiday entitlement in India typically ranges from 12 to 21 days in a year, varying by industry and state. This is generally covered in the employment contract. Employees can also be given 10-15 days of "casual leave" for unplanned and urgent matters.

Sick leave

Sick leave entitlement varies by industry, and can be 10-12 days in a year. Some employers provide unpaid leave for long term medical issues, but this isn’t mandatory.

Parental leave

In India, employees who have worked for at least 80 days in the last 12 months are entitled to between 12 and 26 weeks of maternity leave, depending on the number of children they have.

Some employers voluntarily grant paternity leave, but it’s not mandatory in India.

Holidays

View a list of recognized public holidays in India here.

Employer tax

Employers are required to contribute 12% of each employee’s salary to the Employee Provident Fund (EPF). 

Depending on the employee’s job type, employers may also have to pay into the Employees’ Deposit Linked Insurance Scheme (EDLI). The wages on which this amount is calculated is capped at INR15,000 per month for all employees.



Individual tax

Employees in India are taxed 0% to 30% depending on their income bracket. Employees also have to contribute 12% of their monthly salary towards the Provident Fund Scheme and 1.75% to the national insurance scheme.


Termination in

India

In India, termination for cause does not include non-performance – it includes only behaviour, which qualifies as misconduct.

Severance payment is given to workers who have been continuously employed for two years and are terminated for redundancy. Severance payment depends on the duration of employment, performance and salary.

In addition, employers must make "retrenchment compensation" that is equal to 15 days' wages for every completed year of service.

Notice period

The notice period for employees with at least one year of service is one month (or equivalent wages in lieu thereof). No notice is required for employees terminated for misconduct.

Start hiring employees in

India

Setting up a business entity everywhere you want to hire a new employee isn’t scalable—it takes too long and the legal fees are high. At the same time, understanding and adhering to the local labor laws and employee expectations can be complex and time consuming. And it’s hard to find reliable information on up-to-date employment information for all the countries where you’re considering hiring. Not to mention tracking down invoices and managing employee contracts over email and spreadsheets—that gets messy fast. 

We can’t afford to take risks when it comes to compliance—we need to make sure we follow the local guidelines, especially when it comes to taxes and legalities. 

With Oyster, you can manage HR and payroll, and automate compliance across 180+ countries—all in one, easy-to-use platform.

Disclaimer: The information provided in this resource is for general educational purposes only and shall not be construed as legal advice. While Oyster strives to provide current and accurate information, Oyster makes no warranties or representations as to the correctness of the content provided and accepts no liability or responsibility for any errors or omissions in the content provided. By using this resource you acknowledge and agree that you do so at your own risk. The content of this resource is subject to change without notice.

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