UK startups and tech companies that want coders in India face a basic problem: a developer there must be employed by an Indian legal entity, and setting one up takes time and ongoing filings. Contractor arrangements skip that step but carry misclassification risk once the work becomes full time and directed by the UK team. An Employer of Record employs the developer under Indian law from $49 per employee per month, so the team can start without an entity while the EOR carries payroll and compliance.
The UK company chooses the developer, sets the work and manages the day. The Employer of Record in India is the legal employer and handles the paperwork that comes with that role. Background on the model is in what an Employer of Record is.
| Route | Legal employer | Setup | Main risk | Fits |
|---|---|---|---|---|
| Employer of Record | The EOR | Short, no entity needed | Fee on top of employment cost | First hires and small teams |
| Own Indian entity | The UK company’s subsidiary | Registration, bank, tax and labour registrations | Time, filings and fixed overhead | Larger teams with a long plan |
| Independent contractor | None; the developer is self employed | Contract only | Misclassification if the role is full time and directed | Short, defined projects |
A team that expects to grow past a handful of people can start on an EOR and move to its own entity later. Costs for each route are broken down in the guide to the cost of EOR services in India.
An Indian employee costs more than the gross salary. The rates below come from CorpReady’s summary of EPF and ESIC rules, updated for the ₹25,000 wage ceiling in force from 17 September 2026, and they apply to any employer, whether through an EOR or not.
| Item | Employer rate | Notes |
|---|---|---|
| Employees’ Provident Fund | 12% (3.67% EPF plus 8.33% EPS) | Wage ceiling of ₹25,000 from 17 September 2026 (earlier ₹15,000); employee also pays 12% |
| EDLI and admin charges | 0.5% each | On the same wage ceiling |
| ESIC | 3.25% | Only for wages up to ₹21,000 a month, so most developer salaries fall outside it |
| Gratuity | Accrued monthly | Payable after five years in general; fixed term staff after one year under the new labour codes |
India’s four labour codes took effect on 21 November 2025, although some central and state rules were still pending in early 2026, according to DLA Piper. An EOR tracks these changes for the employment contracts it issues. Pricing structures are compared in EOR pricing models in India, and current fees are on the pricing page.
More on the wider process is in how to hire remote employees in India.
| Role | Skills to test |
|---|---|
| Full stack developer | JavaScript, React, Node.js, SQL, Git |
| Data or ML engineer | Python, SQL, TensorFlow, data pipelines |
| DevOps engineer | Docker, Kubernetes, AWS, CI/CD pipelines |
| Mobile developer | Kotlin, Swift, Flutter, React Native |
| QA or automation engineer | Selenium, test automation, Python, Jira |
| Security specialist | Penetration testing, network security, risk assessment |
Can a UK startup hire developers in India without an Indian company?
Yes. An Employer of Record employs the developer under Indian law and runs payroll and compliance, while the UK company directs the work.
Who owns the code a developer writes through an EOR?
The employment contract and the EOR agreement should assign IP to the UK company. Work made in the course of employment generally belongs to the employer, and the contract should state the transfer clearly.
What does it cost?
The EOR fee starts from $49 per employee per month. On top of that sit the developer’s salary and the employer’s statutory contributions.
Can UK personal data be shared with a developer in India?
It can, with a lawful transfer mechanism such as the UK International Data Transfer Agreement or the UK Addendum, plus a transfer risk assessment. A data protection adviser should confirm the setup.
When should a team open its own Indian entity?
When headcount and the long term plan justify fixed overhead, such as registrations, filings and an in house finance function. Until then, an EOR keeps the setup light.
Sources: SCC Online for the wage ceiling; CorpReady on EPF and ESIC compliance; DLA Piper on India’s labour codes. This post is general information, not legal or tax advice.