EOR vendors in India all promise the same thing, a legal employer for staff the client hires, but the vendors differ in who signs the contract, who files the returns and who carries the risk when a filing is late. Picking on price alone leaves those gaps hidden until the first audit, exit or payroll error. A short vendor check, run before signing, shows which gaps exist.
| Area | What the vendor handles |
| Employment contract | Issues a contract under Indian law and acts as the legal employer |
| Payroll | Monthly salary, TDS, payslips and year end Form 16 |
| Statutory schemes | PF and ESIC registration, deduction and remittance |
| Benefits | Gratuity, leave, and group insurance where chosen |
| Compliance | Tracks labour law changes and filing dates |
| Exit | Notice, final settlement and exit documents |
The client keeps control of daily work and results. The vendor is the employer on paper. The term virtual staffing is sometimes used for the same model, and it is covered in hiring virtual employees in India.

| Vendor type | Legal employer | Indian entity needed | Best for |
| Employer of Record | The vendor | No | Hiring before an entity exists |
| PEO | The client | Yes, the client’s own | Companies with an entity that need HR support |
| Payroll outsourcing | The client | Yes | Companies that only need payroll processed |
| Staffing agency | The agency, for placed staff | No | Short term or volume hiring |
| Recruitment partner | The client after hire | Usually yes | Finding talent, not employing it |
Several of these roles overlap, so the contract should say which one applies. A comparison of EOR and recruitment partners is in EOR vs RPO, and PEO is covered in PEO services in India.
| Check | What a good answer looks like |
| Registered Indian entity | Named entity with its registrations, shown on the contract |
| PF and ESIC filings | Monthly filing proof shared with the client |
| State coverage | Clear list of states served, with professional tax handled |
| Labour code readiness | Explains how the new codes changed contracts and exits |
| Fee clarity | One written list covering onboarding, exit and currency conversion |
| Data protection | States where employee data is held and who can access it |
| Support | Named contact and a stated response time |
| References | Clients of similar size and sector who can be contacted |
| Term | Why it matters |
| Liability split | Shows who pays if a filing is late or a payroll error occurs |
| Fee changes | States when and how the fee can be revised |
| Notice to end the service | Decides how fast the arrangement can be wound down |
| Employee transfer | Allows staff to move to the client’s own entity later |
| Intellectual property | Assigns employee work output to the client |
| Confidentiality and data | Protects client and employee information |
| Exit handling | Sets who runs notice, settlement and final documents |
| Item | Rate or rule |
| Employer EPF | 12% of wages, plus 0.5% EDLI and 0.5% admin charges; wage ceiling of ₹25,000 a month from 17 September 2026 for mandatory coverage |
| Employer ESIC | 3.25% of wages for employees earning up to ₹21,000 a month; employee pays 0.75% |
| Due date | 15th of the following month |
| Final settlement | Within two working days of an exit |
| Fixed term gratuity | Payable after one year of service |
The EPF wage ceiling is from SCC Online, and other rates are from CorpReady. The four labour codes took effect on 21 November 2025, with some central and state rules still being finalised as of early 2026 (DLA Piper). A vendor that cannot explain these in plain terms is a warning sign.
| Warning sign | Risk |
| No named employing entity | Unclear who is liable for filings and contracts |
| Fee quoted without a breakdown | Exit and conversion charges appear later |
| No filing proof offered | Late or missed PF and ESIC payments go unseen |
| Contracts copied from another country | Terms may not match Indian law |
| Lock in with no transfer clause | Moving staff to an own entity becomes costly |
EOR Services India has 18+ years of experience and has served 550+ clients, with a managed workforce of 42,000+. The Employer of Record in India service starts from $49 per employee per month. Costs are explained in cost of EOR services in India, and answers to common questions are in the hiring in India FAQ.
What is an EOR vendor?
A company that acts as the legal employer of a client’s staff in India, running payroll, statutory filings, contracts and exits while the client directs the work.
How is an EOR vendor different from a staffing agency?
A staffing agency finds or supplies people. An EOR employs the people the client has already chosen and runs the employment side.
Can a vendor handle teams in several cities?
Yes, but state rules such as professional tax differ. Ask which states the vendor files in.
Who owns the work the employees produce?
The client, if the employment contract assigns it. Read the intellectual property clause before signing.
What happens when the engagement ends?
The vendor can end employment with notice and final settlement, or transfer staff to the client’s own entity if the contract allows it.