Key Facts to Hire in India
New Delhi
Capital
Indian Rupee (INR)
Currency
Hindi
National language
1,417,173,173
Total population
6.10%
GDP growth
3.47%
Total country’s GDP world share
Monthly (mandatory)
Payroll frequency
48 hours per week (9 hours per day)
Total working hours
Overview in India
India, the world’s largest democracy, is a diverse and complex nation shaped by its rich history, vibrant culture, and rapidly evolving economic landscape. Geographically, the country spans from the snow-capped Himalayas in the north to the tropical beaches of the south, boasting an abundance of natural resources, including fertile farmland, mineral deposits, and vast coastlines. Politically, India has navigated a path from colonial rule to firmly establishing itself as a regional power, playing a critical role in geopolitical dynamics, particularly in South Asia.
The country’s socioeconomic fabric is characterized by stark contrasts, with a large population concentrated in both urban centers and rural agricultural communities. India faces ongoing challenges in addressing poverty, inequality, and access to quality education, healthcare, and basic infrastructure, particularly in its vast hinterlands. Nonetheless, the nation’s workforce is remarkably diverse, ranging from highly skilled professionals in the technology and services sectors to a significant portion of the population engaged in the informal economy, small-scale enterprises, and traditional agricultural practices.
The workplace culture in India is often hierarchical, emphasizing respect for seniority and authority, while also placing a strong emphasis on relationship-building and collective decision-making. Communication styles tend to be indirect, with a focus on maintaining harmony and avoiding direct confrontation. Recent political and economic reforms have sought to modernize the workforce and enhance India’s global competitiveness, though the pace of change has been uneven across different industries and regions.
As India continues to navigate its complex development trajectory, its ability to harness the potential of its young and dynamic population while addressing deep-rooted societal challenges will be crucial in shaping the country’s future trajectory as a global economic powerhouse.
Employer of Record in India
Hightekers is a global Employer of Record service that helps you hire employees in India without the hassle of setting up a local entity. We handle all the legal and compliance matters as the official employer for your Indian team, allowing you to concentrate on growing your business.
How does it work?
When you hire employees in India through Hightekers, we take on the role of the legal employer for your staff. This allows us to manage all employer responsibilities while you continue to oversee the daily operations and management of your employees.
As the company, you oversee direct relationships with employees, assigning tasks and managing their performance. Hightekers handles local payroll, contracts, HR, benefits, and compliance matters.
Responsibilities of an Employer of Record
As your trusted Employer of Record in India, Hightekers takes complete responsibility for all employment-related administrative tasks. We manage the entire spectrum of employment contracts, ensure accurate monthly payroll processing, provide comprehensive local and global benefits packages, maintain full compliance with Indian labour laws, and offer dedicated local HR support for your team.
Responsibilities of the company that hires the employee
While Hightekers handles the administrative and legal aspects, your company maintains control over the essential operational elements of employee management. This includes overseeing day-to-day activities, assigning and monitoring work tasks, conducting performance evaluations, and providing necessary training and development opportunities to ensure your team’s growth and success.
Taxes in India
India has a complex and multi-layered tax system that encompasses direct and indirect taxes.
For individual Income Tax (IT), the rates range from 5% to 30% depending on the taxable income slab. Employers are responsible for withholding IT from employee salaries and remitting it to the government.
The Corporate Income Tax (CIT) rate is 22% for domestic companies and 40% for foreign companies, with an additional 4% surcharge. Businesses can claim deductions for various expenses, including employee salaries, raw materials, and capital investments, to reduce their taxable income.
Social Security Contributions in India are primarily in the form of Provident Fund (PF) and Employee State Insurance (ESI). Employers contribute 12% of an employee’s basic salary towards PF, while employees contribute 12% as well. ESI contributions are 3.25% from the employer and 0.75% from the employee.
The Goods and Services Tax (GST) is a comprehensive indirect tax levied on the supply of goods and services. The standard GST rate is 18%, with reduced rates of 5%, 12%, and 28% applicable to certain goods and services. Businesses are required to register for GST and file periodic returns.
India offers various tax incentives and deductions to promote investment and economic growth. These include tax holidays for industries in special economic zones, deductions for research and development expenses, and tax credits for investing in certain sectors.
Other significant taxes in India include Customs Duty (ranging from 0% to 40%), Property Tax (levied by local authorities), and Stamp Duty (applicable on legal documents). Employers are also responsible for contributing towards an End-of-Service Gratuity for eligible employees.
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Leave in India
In India, leave policies vary across organisations and states but generally follow a standard framework aligned with national labour laws and cultural norms. Here is an overview of the most common types of leave available.
Annual Leave: Typically 15-30 days per year, often referred to as Earned or Privilege Leave. It is provided for employees to take personal vacations or rest, usually requiring prior approval.
Sick Leave: Generally, 7-12 days per year. This leave allows employees to recover from illness or medical conditions, often requiring a medical certificate for longer absences.
Public Holidays: India observes 10-15 national and state holidays, including Republic Day, Independence Day, and religious festivals like Diwali and Eid. The number varies by region and company policies.
Maternity Leave: Up to 26 weeks for the first two children, as per the Maternity Benefit (Amendment) Act, 2017. Additional leave of 12 weeks is available for adoption or surrogacy. Paternity leave is not mandated, though some companies offer 1-2 weeks.
Bereavement Leave: Typically 3-5 days for the loss of an immediate family member, though this is generally at the employer’s discretion.
Compensatory Leave: Granted as compensation for employees who work on public holidays or rest days, allowing time off later.
Casual Leave: Usually 7-10 days annually, casual leave is intended for urgent personal matters, often with same-day approval.
Religious Pilgrimage Leave: Special leave policies in some states or organisations may include short-term leave for religious pilgrimages, though Hajj leave is not typically mandated.
India’s leave policies vary by organisation and state, ensuring unique flexibility within cultural and legal guidelines.
Benefits in India
Employee benefits in India are a mix of statutory requirements and additional perks offered by employers. While government regulations mandate certain benefits, many companies go beyond the minimum to attract and retain top talent.
Core Benefits:
- Health Insurance: Most employers offer health insurance plans that cover hospitalization, medical expenses, and sometimes dental and vision care.
- Provident Fund (PF): A mandatory retirement savings scheme where both the employer and employee contribute a percentage of the employee’s salary.
- Gratuity: A lump-sum payment made to employees upon retirement, resignation, or retrenchment, after completing a certain number of years of service.
- Paid Time Off: Includes paid annual leave, sick leave, and casual leave.
- Parental Leave: Both maternity and paternity leave are legally mandated, with specific provisions for maternity benefits.
- Meal Coupons or Subsidized Canteens: Many companies offer meal vouchers or subsidized canteens to reduce employee expenses.
- Transportation Allowances: Reimbursement for commuting expenses or company-provided transportation.
- Performance Bonuses and Incentives: Performance-based bonuses and incentives are common, especially in sectors like IT and finance.
- Flexible Work Arrangements: Some companies offer flexible work hours or remote work options, particularly in tech-driven industries.
Additional Benefits:
- Industry-Specific Benefits: Certain industries, such as IT and consulting, may offer additional perks like stock options, tuition reimbursement, or sabbatical leave.
- Company Size and Policy: The specific benefits offered can vary based on the company’s size, industry, and internal policies.
- Legal Requirements: Employers must comply with various labor laws and regulations, including those related to minimum wages, working hours, and social security.
Workers Rights in India
India’s labor laws, governed primarily by the Industrial Disputes Act 1947 and Code on Social Security 2020, protect workers through mandatory notice periods, severance pay, and anti-discrimination provisions based on gender, religion, caste, or disability. The law mandates equal pay for equal work, minimum wage compliance, and regulated working hours of 48 hours weekly with one mandatory rest day, while also requiring employers to provide safe working conditions, protective equipment, and regular safety training under the Occupational Safety, Health and Working Conditions Code 2020.
The Maternity Benefit (Amendment) Act 2017 provides 26 weeks of paid maternity leave, while the Industrial Relations Code 2020 guarantees workers’ right to form unions and engage in collective bargaining. Social security benefits include provident fund contributions, gratuity payments after five years of service, and employee state insurance covering medical expenses. Companies must establish Internal Complaints Committees for harassment cases and grievance redressal mechanisms for workplace disputes, with labor courts and tribunals serving as formal resolution channels.
Cultural considerations significantly influence workplace dynamics, with many organizations observing religious holidays and providing prayer rooms. Recent reforms through the four Labor Codes aim to simplify labor laws, enhance social security coverage, and strengthen worker protection while promoting ease of doing business. Special provisions exist for contract workers, interstate migrants, and informal sector workers, though enforcement varies across states. The government’s push for digitalization has introduced electronic compliance and grievance systems to improve transparency and accessibility.
Agreements in India
In India, employment agreements are primarily governed by the Industrial Employment (Standing Orders) Act 1946 and the Contract Labor Act 1970. The most common types of employment contracts include permanent employment (full-time), fixed-term contracts, probationary agreements, and consultancy arrangements. Essential components must include designation, duties, compensation structure, working hours, leave entitlements, and notice period requirements. The agreement should also specify terms regarding confidentiality, intellectual property rights, and non-compete clauses, though it’s important to note that non-compete agreements are generally difficult to enforce in Indian courts unless they protect legitimate business interests and are reasonable in scope and duration.
The legal framework mandates several key provisions in employment agreements, including minimum wage compliance, provident fund contributions, gratuity benefits, and statutory leave entitlements. Recent amendments to labor laws through the four Labor Codes have introduced significant changes in terms of fixed-term employment regulations, social security benefits, and grievance redressal mechanisms. Dispute resolution clauses typically outline internal grievance procedures and specify jurisdiction for legal proceedings, with most agreements falling under the jurisdiction of civil courts or labor tribunals. Termination clauses must comply with the Industrial Disputes Act, requiring proper notice periods or payment in lieu thereof, and clear grounds for termination.
Employment contracts in India often include unique elements reflecting local business practices and cultural considerations. For instance, many agreements incorporate flexible working arrangements, festival holidays, and special allowances structured for tax efficiency. Exit procedures typically involve detailed documentation, clearance certificates, and non-disclosure agreements. Amendments to existing agreements must be mutually agreed upon and documented through formal addendums. The agreement should also address remote working policies, data protection obligations under the Information Technology Act, and compliance with state-specific labor regulations. Multinational companies operating in India often need to balance their global policies with local legal requirements while drafting these agreements.
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Remote Work in India
Remote work in India has seen significant growth, particularly accelerated by the COVID-19 pandemic, with the government introducing the “Other Service Provider” (OSP) guidelines in 2020 that simplified regulatory compliance for remote operations. These guidelines, coupled with the Information Technology Act 2000 and labor laws, establish the legal framework for remote work arrangements. Employers must ensure compliance with working hour regulations, provide necessary equipment, and maintain appropriate cybersecurity measures. The technological infrastructure requirements include stable internet connectivity, secure VPN access, and digital collaboration tools, with companies often providing allowances for internet and workspace setup costs.
Data protection follows the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011, requiring organizations to implement robust security measures for remote data access. Employers must establish clear policies regarding data handling, confidentiality, and secure communication channels. Remote work agreements typically include provisions for performance monitoring, work hours, equipment usage, and reimbursement policies. Tax implications vary based on work location and duration, with some states introducing specific regulations for remote workers. Companies must consider state-specific labor laws and ensure proper documentation of remote work arrangements.
Cultural considerations play a significant role in India’s remote work environment, with many organizations adopting hybrid models that balance traditional office culture with flexibility. Best practices include regular virtual team meetings, structured communication protocols, and wellness initiatives to combat isolation. Many companies provide ergonomic support, mental health resources, and training programs for effective remote work. The government’s Digital India initiative supports remote work infrastructure development, while recent labor code reforms address flexible working arrangements. Organizations often implement monitoring systems that respect privacy while maintaining productivity, with emphasis on outcome-based performance evaluation rather than traditional time-based metrics.
Working Hours in India
Working hours in India are primarily governed by the Occupational Safety, Health and Working Conditions Code, 2020, and the Factories Act, 1948. The standard working hours are set at 48 hours per week, typically distributed across six working days, with a maximum of 9 hours per day. Any work beyond these hours qualifies as overtime, which must be compensated at twice the regular wage rate. The law mandates that no employee should work more than 5 hours continuously without a break of at least 30 minutes, and the total spread-over time (including breaks) should not exceed 10.5 hours per day.
Different shift patterns are recognized under Indian labor law, including day shifts (typically 9 AM to 5 PM), night shifts (typically 8 PM to 6 AM), and rotating shifts. Night shift workers are entitled to additional compensation and must be provided with adequate rest periods and safety measures. For women working night shifts, employers must ensure proper transportation, security arrangements, and other safety measures as prescribed by state laws. The law requires a minimum rest period of 12 hours between shifts and at least one full day of rest every week, which should be clearly communicated to employees in advance.
Special provisions apply to specific industries and roles, with stricter regulations for hazardous work environments. Health and safety standards mandate proper lighting, ventilation, and ergonomic considerations for all shifts. Employers must maintain detailed records of working hours, overtime, and shift schedules. Recent amendments to labor codes have introduced flexibility in working hours, allowing four-day work weeks with longer daily hours, provided the weekly limit of 48 hours is maintained. Additionally, many states have implemented specific guidelines for industries operating 24/7, requiring proper shift rotation systems and regular health check-ups for night shift workers.
Salary in India
Salary structures in India vary significantly across sectors, regions, and job roles, with key determinants including education, experience, industry type, and company size. Major metropolitan cities like Mumbai, Delhi, and Bangalore typically offer higher compensation packages compared to tier-2 and tier-3 cities. The minimum wage system is regulated at both central and state levels, with rates varying by region, skill level, and industry type, while skilled professionals in IT, finance, and consulting sectors often command premium salaries aligned with global standards.
Employee compensation commonly includes basic salary (40-50% of CTC), house rent allowance (40-50% of basic), and various allowances like medical, transport, and special allowances structured for tax efficiency. The Payment of Wages Act and Payment of Bonus Act mandate timely wage payments and annual bonuses, while the Code on Wages 2019 streamlines wage-related regulations. Payroll practices must comply with statutory deductions including provident fund (12% of basic), professional tax, and income tax, with most companies following a monthly payment cycle and maintaining electronic payroll systems.
Recent trends show increased adoption of performance-linked pay, especially in private sectors, while public sector salaries follow structured pay scales based on the Pay Commission recommendations. Companies must provide health insurance coverage through the Employee State Insurance scheme for eligible employees, while additional benefits like gratuity and leave encashment are governed by specific regulations. The taxation structure follows a progressive slab system, with various deductions available under different sections of the Income Tax Act, requiring careful consideration in salary structuring to optimize tax efficiency.
Termination in India
Legal Basis
Employment termination in India is governed by the Industrial Disputes Act, 1947, and the Shops and Establishments Act, which vary by state. Termination laws depend on whether the employee is classified as a “workman” under labour laws or a non-workman under general employment law.
Notice Periods
Notice periods typically range from 30 to 90 days, depending on the employee’s role, seniority, and the company’s policies. For workmen, 30 days’ notice or payment in lieu of notice is standard, as per the Industrial Disputes Act.
Severance Pay
Workmen with over one year of continuous service are eligible for retrenchment compensation: 15 days’ average pay for each year of service. Non-workmen severance pay varies by company policy and is not mandated by law, except in specific cases such as lay-offs.
Termination Procedures
For workmen, employers must follow due process, including providing written reasons, conducting disciplinary hearings, and notifying relevant government authorities. Non-workmen termination procedures are generally governed by employment contracts and company policies.
Employers Terminating Employees
Employers must ensure compliance with statutory notice, severance, and retrenchment processes. In cases of misconduct, thorough documentation and internal enquiry are essential for a fair process. Unlawful termination could lead to disputes and penalties.
Employees Resigning
Employees are required to adhere to their contractual notice period. Employers may waive notice periods or require payment in lieu. A formal resignation letter is typically required, and exit formalities include clearance of dues and issuance of an experience certificate.
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Freelancing in India
Freelancing in India operates under various laws including the Contract Labor Act and Information Technology Act, with recent initiatives like the e-SHRAM portal streamlining registration for gig workers. The legal framework distinguishes between independent contractors and employees based on factors like work autonomy, project-based compensation, and control over working methods. Freelancers typically maintain their own tax registration, including GST registration if annual earnings exceed ₹20 lakhs.
Independent contractors in India are responsible for their own social security, healthcare, and professional insurance, unlike regular employees who receive statutory benefits. They must maintain proper documentation, file quarterly tax returns, and manage their own compliance with professional regulations. The government’s Digital India initiative has simplified digital payments and contract enforcement, while platforms like GeM (Government e-Marketplace) provide opportunities for freelancers to work with government projects.
India’s freelance market is particularly strong in IT, content creation, digital marketing, and consulting services, with major cities hosting thriving freelance communities. Intellectual property rights are governed by the Copyright Act and IT Act, requiring clear contractual terms for ownership transfer. Recent reforms in labor codes have introduced provisions for social security benefits for gig workers, though implementation varies across states. The rise of co-working spaces and digital payment systems has further facilitated the growth of India’s freelance ecosystem.
Health and Safety in India
India’s occupational health and safety regulations are primarily governed by the Occupational Safety, Health and Working Conditions Code, 2020 (OSHWC), which consolidates and modernizes various labor laws. This comprehensive framework mandates employers to provide safe working environments, regular health check-ups, and appropriate protective equipment. Employers must establish safety committees in workplaces with 250 or more workers, conduct risk assessments, and maintain detailed records of workplace accidents and occupational diseases. The law requires immediate reporting of accidents to authorities, with serious incidents demanding thorough investigations and corrective measures. Companies must also ensure proper training programs, emergency response plans, and regular safety audits, while employees have the right to refuse unsafe work without fear of retaliation.
The Directorate General of Factory Advice Service and Labour Institutes (DGFASLI) oversees implementation and enforcement through state-level factory inspectorates. Recent amendments have introduced provisions for hazard identification, safety audits, and annual health examinations, particularly in hazardous industries. Special regulations exist for specific sectors like construction, mining, and chemical industries, with additional guidelines for women workers and night shifts. The law emphasizes prevention through risk assessment, training, and workplace monitoring, with penalties for non-compliance ranging from fines to imprisonment. Notable additions include mandatory welfare facilities, ergonomic considerations, and stress management programs, reflecting a holistic approach to worker well-being. Companies must also maintain workplace hygiene standards, provide adequate first-aid facilities, and ensure proper ventilation and lighting in accordance with prescribed standards.
Dispute Resolution in India
Legal Frameworks with respect to Labor Laws
India’s labour laws include the Industrial Disputes Act (1947) and Trade Unions Act (1926), ensuring fair treatment, addressing disputes, and protecting employee rights within structured mechanisms.
Dispute Resolution Processes
The Industrial Dispute Resolution process involves conciliation, arbitration, and adjudication. Cases are first handled by conciliation officers and, if unresolved, may proceed to labour courts or tribunals.
Enforcement Mechanisms
Enforcement is managed by the Ministry of Labour and Employment, with labour commissioners and inspectors overseeing compliance. Tribunals and courts also enforce rulings for fair dispute resolution.
Challenges
India’s system faces delays, case backlogs, and limited resources, making dispute resolution lengthy. Complexity in compliance due to state-specific labour laws further complicates timely resolutions.
Whistleblower Protections
India’s Whistle Blowers Protection Act (2014) shields employees reporting fraud or wrongdoing, though application in the labour context is still limited and often complex in practice.
International Influence
International Labour Organisation (ILO) standards influence India’s dispute processes, driving improvements in safety, fair wages, and worker rights, but implementation challenges persist.
Compliance Monitoring
Labour officers and the Ministry monitor compliance with labour laws, conducting periodic inspections. Reforms, including digital platforms, aim to streamline reporting and enhance compliance efficiency.
India’s dispute resolution framework supports fair treatment but is evolving to address enforcement delays and align with global standards.
Cultural Considerations in India
India is a diverse country with a rich cultural heritage. Understanding the nuances of Indian culture is crucial for effective business interactions.
Communication Styles
- Indirect Communication: Indians often prefer indirect communication styles, relying on subtle cues and context.
- Hierarchy and Respect: Hierarchical relationships are deeply ingrained in Indian culture. Showing respect to elders and superiors is essential.
- Politeness and Hospitality: Indians are known for their warm hospitality and polite demeanor. It’s important to be polite and courteous in all interactions.
Non-Verbal Communication
- Eye Contact: While direct eye contact is generally considered polite, excessive eye contact can be perceived as aggressive.
- Gestures: Gestures can vary significantly across regions in India. It’s best to avoid overly expressive gestures.
- Personal Space: Indians tend to maintain a closer personal space than Western cultures.
Negotiation Style
- Relationship-Oriented: Indians prioritize building relationships over transactional outcomes.
- Patience and Persistence: Negotiations can be lengthy and often involve multiple rounds of discussions.
- Compromise and Consensus: Finding a mutually beneficial solution is often the goal.
Employee Culture and Structure
- Hierarchical Structure: Indian organizations often have a hierarchical structure, with clear lines of authority.
- Teamwork and Collaboration: Teamwork and collaboration are valued, but decision-making authority often rests with senior management.
- Work-Life Balance: While work-life balance is becoming increasingly important, long working hours are still common, especially in certain industries.
Additional Considerations:
- Religious and Cultural Sensitivity: India is a diverse country with various religions and cultures. It’s important to be respectful of religious beliefs and cultural practices.
- Formal Attire: Formal attire is generally preferred, especially in business settings.
- Gift-Giving Etiquette: While gift-giving is not uncommon, it’s important to be mindful of cultural nuances and avoid giving expensive gifts.
By understanding these cultural nuances, you can effectively navigate the Indian business landscape and foster strong relationships with Indian colleagues and clients.
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