Employer of record in India: cost and rules (2026)
Employing someone in India costs the employer about 5.7% on top of gross salary in statutory contributions, plus an EOR fee of $199 to $699 per month at providers that publish prices ("from" prices). Example: a gross salary of INR 100,000 per month costs INR 105,655 per month (about $1,123) before any EOR fee.
Estimates only, not tax, legal or accounting advice. Statutory rates, limits and provider prices change; check the linked sources and ask a qualified adviser before you hire.
Employer contributions in India
| Employer contribution | Rate | Base and limits | Source |
|---|---|---|---|
| Employees' Pension Scheme share (EPS, 8.33% of the employer's 12%) | 8.33% | basic pay (assumed 50% of gross); capped at INR 25,000/month | PIB press release: EPFO raises wage ceiling from Rs 15,000 to Rs 25,000 |
| Provident fund share (EPF, 3.67% of the employer's 12%) | 3.67% | basic pay (assumed 50% of gross); capped at INR 25,000/month | EPFO FAQ on the revised wage ceiling (S.O. 5109(E), 17 Sept 2026), copy hosted by StaffNews; ceiling also in PIB release PRID 2313790 secondary |
| Deposit Linked Insurance (EDLI), 0.5% | 0.5% | basic pay (assumed 50% of gross); capped at INR 25,000/month | EPFO FAQ on the revised wage ceiling (S.O. 5109(E)), copy hosted by StaffNews; PIB release PRID 2313829 confirms EDLI coverage secondary |
| EPF administrative charges, 0.5% | 0.5% | basic pay (assumed 50% of gross); capped at INR 25,000/month | EPFO FAQ on the revised wage ceiling (S.O. 5109(E)), copy hosted by StaffNews; CAclubindia on the 2018 rate secondary |
| Employees' State Insurance (ESI), employer share 3.25% | 3.25% | gross pay | ESIC: contribution rates |
| Gratuity accrual (15/26 of monthly wage per year of service, about 4.81%) | 4.81% (accrual) | basic pay (assumed 50% of gross) | PIB factsheet: Code on Social Security 2020 (gratuity for fixed-term employees, section 53; wage definition) |
Worked example: INR 100,000 gross per month
| Item | Base (INR) | Per month (INR) |
|---|---|---|
| Employees' Pension Scheme share (EPS, 8.33% of the employer's 12%) | 25,000 | 2,082 |
| Provident fund share (EPF, 3.67% of the employer's 12%) | 25,000 | 918 |
| Deposit Linked Insurance (EDLI), 0.5% | 25,000 | 125 |
| EPF administrative charges, 0.5% | 25,000 | 125 |
| Gratuity accrual (15/26 of monthly wage per year of service, about 4.81%) | 50,000 | 2,405 |
| Gross salary | 100,000 | |
| Total employer cost (mandatory items) | 105,655 |
Contractor, EOR or own entity in India
| Option | Per month | Per month (USD) | Per year | Notes |
|---|---|---|---|---|
| Contractor | INR 101,788 to 104,610 | $1,082 to $1,112 | INR 1,221,452 to 1,255,323 | No employer contributions. Misclassification risk. Includes contractor-platform fee range. |
| Employer of record | INR 124,378 to 171,421 | $1,322 to $1,822 | INR 1,492,538 to 2,057,054 | Salary + statutory costs + EOR fee range. |
| Own legal entity | INR 105,655 | $1,123 | INR 1,267,860 | Salary + statutory costs. Setup, accounting and legal costs are not estimated. |
Contractor
Independent contractors are common in India's IT and services sector and pay their own taxes. A contractor is outside provident fund, ESI and gratuity only if the relationship is genuinely independent. If the person works under the company's control, on fixed hours, for a single client, an Indian authority or court may treat them as an employee. A foreign company can also create a permanent-establishment tax risk in India. Cross-border payments may bring Indian tax withholding or GST duties for the contractor. This is general guidance and has no single official source.
Own entity
The usual vehicle is a private limited company incorporated online through the Ministry of Corporate Affairs SPICe+ form (name, director ID, PAN and TAN in one filing). Commercial incorporation sites report at least 2 directors (one resident in India), at least 2 shareholders and no minimum capital, and 100% foreign ownership is allowed in most sectors. Once it hires, the company must register for provident fund and, if applicable, ESI, and file monthly returns. These facts come from commercial sources, not the MCA itself.
Leave, notice, probation and termination
Annual leave: There is no single national figure. Annual, sick and casual leave and public holidays depend on the state Shops and Establishments Act (or the new Codes' rules) where the office is. No official source was gathered, so no number is given.
Notice
Notice for ordinary resignation or dismissal is set by the employment contract and state shops-and-establishments rules; one to three months is common in practice. For retrenchment under the Industrial Relations Code, written notice or pay in lieu applies. Sources disagree on its length, so no number is given.
Probation
Probation is not fixed by one national law; it is set in the appointment letter (three to six months is common). The Central Rules of 8 May 2026 make a written appointment letter with prescribed particulars mandatory.
Termination
Retrenchment of a worker normally requires compensation of 15 days' average pay per completed year of service (a part-year above six months counts as a year). Under the new rules the employer must also pay a further 15 days' last wages into the worker re-skilling fund. Larger employers need government permission for retrenchment or closure. Who counts as a 'worker' rather than a manager varies, so take local advice.
What the calculator simplifies
- The provident fund base is set at the statutory ceiling of 25,000 rupees (in force since 17 September 2026; 15,000 before). Employers who contribute 12% on full basic pay pay more; this is not included.
- Basic pay is assumed to be 50% of gross. Real basic may be higher, which raises gratuity.
- The provident fund admin charge has a minimum of 500 rupees a month per establishment, not per employee; this is ignored.
- Professional tax (a state tax, at most 2,500 rupees a year) is withheld from the employee's pay and passed on by the employer. It is not an employer cost and is left out.
- Labour Welfare Fund contributions are small fixed state amounts and are not included.
- Gratuity is shown as a flat accrual although it is paid only after the qualifying service period.
- Statutory bonus is not included because it applies only to staff earning up to 21,000 rupees a month.
- No employer health insurance or other cover beyond ESI is included. Maternity and other duties for larger employers are not costed.
- Employee-side deductions (employee provident fund 12%, ESI 0.75%, income tax) are not employer costs and are excluded.
EOR provider prices
| Provider | EOR price (USD) | Contractor price (USD) | Billing and deposit | Source and checked |
|---|---|---|---|---|
| Skuad | from $199 | from $19 | Not published | price page |
| RemotePeople | from $499 | from $29 | Not published | price page |
| Deel | from $599 | from $49 | Not published | price page |
| G-P (Globalization Partners) | from $599 | from $39 | Not published | price page |
| Remote | from $599 | from $29 | Annual contracts for EOR | price page |
| Oyster | from $699 | from $29 | Monthly or annual | price page |
| Rippling | Not published | price page | ||
| Multiplier | not verified | Not verified | price page unverified | |
| Papaya Global | not verified | Not verified | price page unverified |
Affiliate disclosure: some links to providers may be affiliate links. If you sign up through one, we may be paid at no extra cost to you. Tables are sorted by price, not by what a provider pays us. Read the disclosure.
Calculator for India
FAQ
How much does it cost to employ someone in India?
On top of gross salary, statutory employer costs add about 5.7% at a gross salary of INR 100,000 per month. That is a total of INR 105,655 per month before any EOR fee.
How much does an employer of record cost in India?
Providers with a published price list EOR plans from $199 to $699 per month ("from" prices, checked 2026-11-13). This is on top of salary and the statutory employer costs above. Source
What is the notice period in India?
Notice for ordinary resignation or dismissal is set by the employment contract and state shops-and-establishments rules; one to three months is common in practice. For retrenchment under the Industrial Relations Code, written notice or pay in lieu applies. Sources disagree on its length, so no number is given. Source
Is there a probation period in India?
Probation is not fixed by one national law; it is set in the appointment letter (three to six months is common). The Central Rules of 8 May 2026 make a written appointment letter with prescribed particulars mandatory. Source
What are the rules on ending employment in India?
Retrenchment of a worker normally requires compensation of 15 days' average pay per completed year of service (a part-year above six months counts as a year). Under the new rules the employer must also pay a further 15 days' last wages into the worker re-skilling fund. Larger employers need government permission for retrenchment or closure. Who counts as a 'worker' rather than a manager varies, so take local advice. Source
Can I hire a contractor instead of an employee in India?
Independent contractors are common in India's IT and services sector and pay their own taxes. A contractor is outside provident fund, ESI and gratuity only if the relationship is genuinely independent. If the person works under the company's control, on fixed hours, for a single client, an Indian authority or court may treat them as an employee. A foreign company can also create a permanent-establishment tax risk in India. Cross-border payments may bring Indian tax withholding or GST duties for the contractor. This is general guidance and has no single official source.
Sources
- KPMG flash alert 2026-127 (summary of Code on Wages Central Rules 2026, notified 8 May 2026)
- PIB press release: EPFO raises wage ceiling from Rs 15,000 to Rs 25,000
- EPFO FAQ on the revised wage ceiling (S.O. 5109(E), 17 Sept 2026), copy hosted by StaffNews; ceiling also in PIB release PRID 2313790
- ESIC: contribution rates
- PIB factsheet: Code on Social Security 2020 (gratuity for fixed-term employees, section 53; wage definition)
- pwc.in
- taxaj.com