Hire employees in India with employer of record support and the first person can start in weeks, not months. Without it, a foreign company waits through incorporation, tax registration and payroll set up before paying a single salary. An Employer of Record in India becomes the legal employer, runs payroll, statutory deductions and compliance, and the company directs the daily work. Fees start from $49 per employee per month.
The employer of record signs the employment contract, registers the employee for statutory schemes and files every return. The client company keeps control of the work: tasks, targets, reporting lines and performance reviews. For a full definition, see what is an Employer of Record.
| Task | Employer of record | Client company |
| Employment contract and offer letter | Issues and holds the contract | Approves role, salary and start date |
| Payroll, TDS and payslips | Runs monthly and files returns | Confirms hours, bonuses and changes |
| PF, ESI and other statutory schemes | Registers, deducts and remits | Funds the employer share |
| Leave policy and benefits | Sets a compliant policy and administers it | Chooses any extra benefits |
| Daily work and performance | No role | Full control |
| Exit, notice and final settlement | Handles documents and dues | Decides on the exit |

The service fee starts from $49 per employee per month. Salary and the employer’s statutory contributions are separate costs and belong in the budget from day one.
| Cost item | Rate or rule | Who pays |
| Employer of record service fee | From $49 per employee per month | Client company |
| Provident Fund (EPF), employer share | 12% of wages, with the wage ceiling applying to mandatory coverage; plus 0.5% EDLI and 0.5% admin charges | Client company, through the employer of record |
| Employee State Insurance (ESIC), employer share | 3.25% of gross wages for employees earning up to ₹21,000 a month | Client company, through the employer of record |
| Employee contributions | 12% EPF and 0.75% ESIC, deducted from salary | Employee |
| Gratuity | Payable after the qualifying service period under the labour codes | Client company |
Rates are from published EPFO and ESIC schemes as summarised by CorpReady. Confirm current rates with the employer of record before signing, since schemes change.

| Factor | Employer of record | Own Indian entity |
| Legal employer | The employer of record | The client’s own company |
| Set up before first hire | Service agreement only | Incorporation, tax and labour registrations, bank account |
| Payroll and filings | Handled by the provider | Built and run in house or outsourced |
| Best for | Market entry, small teams, testing demand | Large, long term operations |
| Exit | End the service agreement | Wind up the entity and close registrations |
Many companies start with an employer of record, then move staff to their own entity once headcount and revenue justify it. A provider that supports that transfer saves a second round of contracts.
All four labour codes (Wages, Social Security, Industrial Relations, and Occupational Safety, Health and Working Conditions) took effect on 21 November 2025, though some central and state rules were still pending. Two changes matter most for new hires. Fixed term employees become eligible for gratuity after one year of contract service under the Industrial Relations Code, and employers must complete full and final settlement within two working days of an exit. Source: DLA Piper.

Is it legal to hire employees in India without a local entity?
Yes. The employer of record is the registered Indian employer, so the foreign company does not need its own entity to employ staff. The employer of record carries the statutory duties as the legal employer.
How fast can the first employee start?
Onboarding is measured in weeks, since no incorporation is needed. The timeline depends on how quickly the candidate is chosen and the documents are returned.
Who controls the employee’s work?
The client company. It sets tasks, hours and goals, while the employer of record handles contracts, payroll and compliance.
Does an employer of record find candidates?
No. It employs the person the client selects. Sourcing is a separate recruitment service.
What if the company opens its own entity later?
Employees can be transferred to the new entity with fresh contracts and records. Planning the transfer date with the provider avoids gaps in PF and tax records.
More answers are in the hiring in India FAQ.