Employer of Record (EOR) India: Everything You Need to Know

In today's global marketplace, finding the right talent is only half the battle. Navigating the intricate landscape of local labor laws can be a daunting task when hiring talented employees in India.

In this blog, we will delve into the concept of EOR, explore its benefits, and discuss some key considerations when it comes to hiring talent in India. By understanding these details, organizations can make informed decisions when it comes to managing their workforce and expanding their operations in the country.

Definition of Employer of Record (EOR) 

An Employer of Record is essentially your legal employer on paper in a foreign country like India. They manage the ins and outs, from payroll management to employee benefits and local compliance, so you can focus on your core business. Choosing an EOR is a strategic move for businesses aiming for growth without the intricacies of employment management.

Why are EORs becoming so popular in India? 

Approximately 55% of the worldwide IT outsourcing services are provided by India's IT industry, renowned for its growing contribution to the global tech workforce. With India's booming IT industry and a pool of highly skilled professionals, it's no surprise that the U.S.-based companies are keen on tapping into this talent. 

EORs in India have gained significant relevance due to the country's complex employment landscape. India has a vast array of labor laws, regulations, and compliance requirements that can be overwhelming for businesses, especially if they don’t have an in-house HR team. By partnering with an EOR in India, companies can leverage the local expertise and knowledge to navigate these complexities efficiently.

Why Companies Need EOR in India?

Many companies encounter significant challenges when attempting to establish a legal entity in India. The intricacies of the Indian employment law and the lengthy processes involved often complicate the setup of a legal entity for businesses.

Challenges of Hiring in India for International Companies

Here are the challenges international employers are facing while hiring in India:

Cultural Differences

Indian workforce culture can vary dramatically from what U.S. employers are used to. Understanding public holidays, paid leave options, and even the typical working hours can significantly impact your business expansion efforts.

• Hierarchical Respect: Senior members are given high regard, and their decisions and opinions are often prioritized.
• Flexibility with Time: It's not uncommon for meetings to start a bit late or for timelines to be more flexible than in Western countries.
• Relationship-oriented: Face-to-face meetings, frequent check-ins, and building a rapport are essential elements of the Indian work culture.

Diverse Labour Laws

Minimum wages are determined by the state governments, and there's even a separate minimum wage for skilled labor and unskilled labor.

• Minimum Wages- India has complicated minimum wage laws that are set by the individual state governments. More than 400 employment categories and 2000 distinct job kinds for unskilled labourers exist, with a minimum daily salary assigned to each kind of work. Employers must abide by the minimum wage regulations established by the appropriate authorities.
• Working hours and overtime- Usually computed at a higher rate, 1.5 or 2 times the standard hourly income, overtime pay is given. Typically, factory workers are required to do this. States have different regular work hours, but generally speaking, Monday through Friday are 40 hours per week. A 48-hour workweek, including overtime, is the maximum allowed by the Shops and Commercial Establishments Act.
• Holidays and Leave-  For non-factory workers, national holidays are declared under Shops and Establishment Act adopted by the state. There are fixed national holidays in India, i.e. 26th of January, 15th of August, and 2nd of October every year.

Intricate Tax Structures

Taxation in India can be intricate, affecting an employee's salary. Between income tax, services tax, and understanding India's compensation laws, there's a lot to keep track of.

Old Tax Regime:

• Under the old tax regime, taxpayers can avail of a wide range of deductions and exemptions such as the standard deduction, house rent allowance, deductions under Section 80C for investments, etc.
• The tax rates under this regime are progressive, with slabs ranging from 5% to 30%, depending on the individual's income level.

New Tax Regime (Introduced in Budget 2020):

• The new tax regime offers reduced tax rates but comes with a catch – the taxpayer has to forgo most deductions and exemptions available under the old regime.
• Tax rates under this structure range from 5% to 30%, but the slabs are adjusted so that many individuals might fall into lower tax brackets than they would under the old regime.
• The idea is to simplify the tax system by eliminating the myriad of exemptions and deductions while offering lower rates.

Varying Employment Benefits 

India offers a diverse landscape when it comes to employment benefits. As businesses venture into India, it's essential to understand these benefits, not only for compliance but also to attract and retain talent. Here's a closer look:

Legal Intricacies of Indian Employment Laws

Differing State Laws

Employment laws can vary significantly across states.

The Shops and Establishments Act is legislated by states and defines the work conditions, rights of employees in the unorganized sector, and rights and terms of service. The opening and closing hours, rest intervals, and overtime wages differ across states under this act.

Contractual Complexities

Formulating legally-sound employment contracts in India can be challenging.

Non-compete clauses, which are common in the West, have limitations in India. While they're recognized, they need to be reasonable in terms of duration and geography to be enforceable

Dispute Resolution

Handling employment disputes can be draining, both in terms of time and finances.

The Industrial Disputes Act in India lays down the framework for resolution of industrial disputes. While it advocates resolution through arbitration, conciliation, or adjudication, it's a lengthy process.

Employee Rights and Safety Regulations

Mandatory employee benefits include contributions to a provident fund and employee pension scheme, based on an annual salary.

The Factories Act regulates the safety, health, and welfare of factory workers. It includes provisions about hazardous processes, waste disposal, and use of machinery. Meanwhile, the Sexual Harassment of Women at Workplace Act mandates employers to provide a safe work environment for women, protecting them from sexual harassment.

Women in the Workforce

Special provisions exist for female employees, including paid maternity leave.

For more information on the compliance acts in India, Read our guide on Payroll Compliance in India

Comparing EOR with Traditional Hiring

With traditional hiring, your company would need to establish a local entity, adhering to all local regulations and employment laws. With an EOR, your legal obligations are reduced, and compliance is streamlined.

Benefits of Using Employer of Record (EOR) Services in India

Using an Employer of Record (EOR) can offer several benefits for businesses. Here are some key advantages:

1. Quick entry into Indian market without setting up an entity

• Immediate Access: No need to set up a local entity.
• Cost Efficiency: Reduce overheads like annual salary, health insurance, and other employee benefits.

2. Streamlined hiring and onboarding process

• Local Insights: Onboard the right talent suited to a company's requirements.
• Simplified Hiring: EORs manage administrative tasks like background checks and contract creation, facilitating hassle-free recruitment.

3. Compliance with local laws and regulations

• Navigating Complexity: Maneuver through local labor laws and tax regulations effortlessly.
• Adaptability: With ever-changing local policies, EORs keep businesses updated and in line with current laws.

4. Minimize the company's exposure to legal risks in a foreign country

• Risk Offset: EORs bear the brunt of legalities, safeguarding companies from potential issues.
• Dispute Expertise: EORs proficiently address conflicts, preventing extended legal battles and penalties.

5. Allows companies to easily adjust their workforce size based on changing business needs

• Scale with Ease: EORs enable businesses to modulate workforce size as per needs, without traditional hiring hassles.
• Short-Term Engagements: EORs facilitate hiring for specific projects, without long-term obligations.

Key Considerations When Selecting an EOR Provider

Experience in the Indian Market:

An EOR that's been active in India for years will have cultivated valuable relationships with local entities, from government offices to vendors, which can expedite many processes.

An India Employer of Record should have good knowledge of local laws and labor laws. It's not just about legalities; it's also about successfully navigating the social and cultural landscape.

Compliance Track Record

Check their record. A spotless compliance history is a green flag. It's not just about responding to changes in regulations but anticipating them. A top-tier EOR will actively monitor and anticipate regulatory shifts, ensuring continuous compliance.

Client Testimonials and Case Studies

Case studies provide a snapshot of how an EOR has tackled various challenges. A diverse range of success stories showcases their versatility and ability to handle different industries and scenarios.

Conclusion

As the global business landscape evolves, the demand for EOR services in India is poised to grow. It's a strategic move for businesses looking to hire in India without getting entangled in legal and bureaucratic red tape.

Why navigate the complexities of Indian labor laws and state regulations on your own? With a trusted EOR, you can hire top-tier employees in India without the red tape. Wisemonk specializes in offering seamless, compliant, and expedient EOR services in India.

Contact us to learn how we can help you focus on what matters most—growing your business.

Frequently Asked Questions (FAQs)

How does EOR differ from a PEO (Professional Employer Organization)?

Both EORs and PEOs provide services that simplify the employment process for companies, but there's a fundamental difference in their operational approach. An EOR becomes the legal employer of the hired individual on paper, handling all employment-related responsibilities. In contrast, a PEO co-employs the worker, meaning both the PEO and the client company share employment responsibilities. This difference impacts how taxes, liabilities, and employee benefits are managed. Read our blog on PEO vs EOR to understand how an Employer of Record can offer a more comprehensive solution for global payroll and employment laws compliance.

Can I switch to a different EOR service provider if needed? 

Companies can switch their EOR service provider if they find another provider more aligned with their needs. However, transitions come with their own sets of challenges. It's essential to consider existing contractual obligations with the current EOR, potential transition costs, and ensuring a seamless shift for the employees concerned.

Do EORs handle only IT-related hires in India? 

While the IT sector in India is undeniably vast and attracts numerous international companies, EORs are versatile in their capabilities. They cater to diverse industries, ranging from healthcare and finance to manufacturing and retail. Their primary role is to ease the hiring process and ensure compliance, irrespective of the industry.

Is it expensive to use EOR services? 

When evaluating the costs of EOR services, companies should consider both immediate expenses and long-term savings. While there may be service fees associated with EORs, these often pale in comparison to the potential legal fines, administrative burdens, and overheads of setting up and running a subsidiary in a foreign country. Moreover, the expertise and networks of EORs can lead to faster, more efficient hiring processes, further contributing to cost savings.