India

Available

Capital
New Delhi
Currency
Indian Rupee
Language
Hindi, English
Population
1,380,004,385
GDP Growth
6.68%
GDP World Share
3.28%
Payroll Frequency
Monthly
Working Hours
48
hours/week

See how hiring works in India

Learn about local payroll, taxes, and employment laws in India

Minimum Wage Standards

India's minimum wage varies by state, sector, and skill level. The national floor wage is set at INR 178 per day, though many states mandate higher rates depending on the industry and worker classification (unskilled, semi-skilled, skilled, or highly skilled).

Minimum wages are determined under the Minimum Wages Act, 1948 and are revised periodically by both the central and state governments. Employers must comply with whichever rate is higher between the central and state minimum wage.

Income Tax Structure

Under the new tax regime, individual income tax ranges from 0% to 30%. The new regime is the default option and offers lower rates with fewer exemptions and deductions.

Gross Annual Income Personal Income Tax Rate
Up to INR 300,000 0%
INR 300,001 - 700,000 5%
INR 700,001 - 1,000,000 10%
INR 1,000,001 - 1,200,000 15%
INR 1,200,001 - 1,500,000 20%
Over INR 1,500,000 30%

Employer Contributions

Employer contributions in India include mandatory social security payments towards Provident Fund, Employee State Insurance (for eligible employees), and gratuity provisions.

Mandatory Contributions:

  • Provident Fund (PF): 12% of basic wages
  • Employee State Insurance (ESI): 3.25% (applicable for employees earning up to INR 21,000/month)
  • Gratuity provision: approximately 4.81% of basic wages

Employee Contributions:

  • Provident Fund (PF): 12% of basic wages
  • Employee State Insurance (ESI): 0.75% (for eligible employees)

Important Note: ESI contributions apply only to employees earning up to INR 21,000 per month. Gratuity is payable after 5 years of continuous service. Actual contribution rates may vary based on establishment type and applicable state regulations.

Overtime & Working Hours

Overtime is compensated at 200% (double) of the employee's regular wages under the Factories Act, 1948. Overtime hours must be tracked and paid accordingly.

Standard working hours: 9 hours daily, 48 hours weekly. The standard workweek runs Monday through Saturday, though many modern establishments operate on a 5-day week with extended daily hours.

Maternity Leave

Female employees are entitled to 26 weeks of paid maternity leave for the first two children under the Maternity Benefit Act, 1961 (amended 2017). For the third child onwards, the entitlement is 12 weeks.

The leave can be taken up to 8 weeks before the expected delivery date. Adoptive and commissioning mothers are entitled to 12 weeks of maternity leave from the date the child is handed over. The employer bears the full cost of maternity leave benefits.

Paternity Leave

There is no statutory paternity leave entitlement in the private sector in India. However, central government employees are entitled to 15 days of paternity leave.

Many private sector employers voluntarily offer paternity leave ranging from 5 to 15 days as part of their company policy.

Sick Leave

Sick leave entitlements vary by state and are governed by the respective state Shops & Establishments Acts. Generally, employees are entitled to 12 to 15 days of paid sick leave per year.

Some states require a medical certificate for sick leave exceeding 2-3 consecutive days. Unused sick leave policies (accumulation or lapsing) also vary by state legislation and employer policy.

Bereavement Leave

There is no statutory bereavement leave in India. However, most employers provide bereavement leave as part of their company policy, typically ranging from 3 to 5 days for the death of an immediate family member.

Employees may also use their casual leave or earned leave for bereavement purposes.

Termination Framework

Termination of employment in India is governed by multiple laws including the Industrial Disputes Act, 1947, state-specific Shops & Establishments Acts, and the terms of the employment contract.

For establishments with 100 or more workers, prior government approval is required for retrenchment, layoffs, or closure under the Industrial Disputes Act.

Valid grounds for termination include:

  • Retrenchment due to economic reasons or redundancy
  • Misconduct proven through a domestic inquiry
  • Continued ill-health or physical disability
  • Poor performance (after following due process)
  • Closure of the establishment

Legal Requirement: Under the Industrial Disputes Act, workmen (non-managerial employees) who have been in continuous service for at least one year cannot be retrenched without one month's written notice (or pay in lieu) and prior government permission in establishments with 100+ workers.

Notice Period Requirements

Notice periods in India depend on the type of establishment, the applicable law, and the employment contract terms.

  • Industrial Disputes Act (workmen): 1 month notice or pay in lieu
  • Shops & Establishments Acts: 1 to 3 months depending on the state
  • Contractual terms: As specified in the appointment letter (commonly 1-3 months)

During the probation period, shorter notice periods (typically 1-2 weeks) may apply as specified in the employment contract.

Severance Compensation

Retrenchment compensation under the Industrial Disputes Act is calculated at 15 days' average pay for every completed year of continuous service (or any part of a year exceeding 6 months).

Gratuity is payable under the Payment of Gratuity Act, 1972 to employees who have completed 5 or more years of continuous service. Gratuity is calculated at 15 days' wages for each completed year of service, capped at INR 2,000,000.

Upon termination, employees must also be compensated for any unused earned leave as per applicable state laws.

Gratuity Calculation: Gratuity = (Last drawn salary x 15 x years of service) / 26. This applies to employees covered under the Payment of Gratuity Act after completing 5 years of continuous service.

Paid Annual Leave

Earned leave (also called privilege leave or annual leave) entitlements vary by state, typically ranging from 12 to 18 working days per year. Under the Factories Act, workers earn 1 day of leave for every 20 days worked.

In addition, employees are generally entitled to 7 to 12 days of casual leave per year, depending on the state Shops & Establishments Act. Casual leave is intended for unforeseen or urgent personal matters and typically cannot be carried forward.

Public Holidays

India observes 3 mandatory national holidays, along with numerous state-specific and restricted holidays. The total number of paid holidays typically ranges from 15 to 20 per year depending on the state and establishment.

Mandatory national holidays:

  • Republic Day (January 26)
  • Independence Day (August 15)
  • Gandhi Jayanti (October 2)

Commonly observed additional holidays include:

  • Holi (March)
  • Diwali (October/November)
  • Dussehra (October)
  • Eid ul-Fitr (varies)
  • Eid ul-Adha (varies)
  • Christmas (December 25)
  • Good Friday (varies)
  • Makar Sankranti / Pongal (January 14-15)
  • Buddha Purnima (May)
  • Guru Nanak Jayanti (November)

Onboarding Timeline

The onboarding process is typically completed within 2-5 business days following client execution of the Statement of Work.

Compensation Structure

Salaries in India are typically paid on a monthly basis. Employers are required to pay employees on or before the 7th of the following month (or by the 10th for establishments with more than 1,000 employees).

There is no mandatory 13th month salary in India. However, under the Payment of Bonus Act, 1965, eligible employees are entitled to a minimum bonus of 8.33% of annual wages (maximum 20%), applicable to employees earning up to INR 21,000 per month. Festival bonuses and performance-based incentives are also common practice.

Employment Contract Specifications

While Indian labor law does not strictly mandate written contracts for all employment types, written contracts (appointment letters) are standard practice and strongly recommended. They serve as the primary document defining the employment relationship.

Essential contract elements include:

  • Employee and employer identification
  • Date of commencement
  • Job title, designation, and description
  • Compensation structure (basic salary, allowances, deductions)
  • Working hours and schedule
  • Leave entitlements
  • Notice period and termination provisions
  • Confidentiality and non-compete clauses (if applicable)

Employment contracts are commonly drafted in English, which is widely used as the business and legal language across India. Contracts may also be executed in Hindi or the relevant state language.

Probationary Period

Probationary periods in India typically range from 3 to 6 months, with some organizations extending up to 12 months for senior or specialized roles. The probation period and its terms must be clearly stated in the appointment letter.

During the probation period, either party may terminate the employment with a shorter notice period (commonly 1-2 weeks). Upon successful completion, the employee is confirmed as a permanent employee with full benefits.

How it works

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You choose the talent

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We employ them for you

MB Remote becomes the legal employer and handles contracts, payroll, and local labor laws.

Your team starts working

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We manage compliance

We ensure ongoing payroll, taxes, and legal compliance in the employee’s country.

Frequently Asked Questions

Is it free to contact MB Remote?

Yes. Contacting us is completely free and without obligation. We’ll discuss your needs and explain how our EOR solution works before anything else.

Hiring can usually be completed within a few days, depending on the country and local requirements.

An Employer of Record is a legal entity that employs workers on your behalf. MB Remote handles contracts, payroll, taxes, and local labor law compliance, while you manage the day-to-day work.

MB Remote is the legal employer, but the employee works exclusively for you as part of your team.

We support hiring in multiple countries. Contact us to check availability for a specific location.

We manage payroll, taxes, and social contributions in compliance with local regulations. You receive one simple monthly invoice.

Yes. You manage tasks, schedules, and performance. We handle the legal and administrative side.