Employer of Record and Payroll Services in India 
Mercans-owned legal entity
We have our own legal entity to protect your business from risk and provide you and your employees with a distinctive experience.
We have our own legal entity to protect your business from risk and provide you and your employees with a distinctive experience.
Services available
- Employer of record
- Contractor management
- Global payroll
- In-country payroll
Mercans offers complete payroll, PEO and HR services in India
The world’s largest democracy, India is diverse with distinct regions. Ranked the world’s fifth-largest economy by GDP, the Indian government has eased foreign direct investment restrictions and business reforms have led to consistent improvements in recent years.
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Doing Business in India
An attractive consumer market, India presents the largest market for manufactured goods and services. That said, there are still steps to be taken to ease new business setup, to address protectionist policies and manage business growth in a vast, fragmented market. However, India has made significant strides in terms of technology innovation in sectors such as telecommunications, IT, pharmaceuticals, textiles and engineering.
Entity Registration and Incorporation Requirements
Setting up a new business or expanding an existing one in the UK is straightforward. Choose how your company operates from a range of entity types which suit your individual circumstance.
Banking
Banks are open from Monday - Friday 9am - 4pm
Working Week
The standard working week is 40 hours per week usually worked from Monday to Friday, 8 hours per day
Labor Law
There are 44 labour related statutes enacted by the Central Government which address minimum wages, accidental and social security benefits, occupational safety and health, conditions of employment, disciplinary action, trade unions and industrial relations. Workers may be classified as unorganized (home-based, self employed or wage workers), organized workers (association of workers known as unions) or international workers.
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Main Industries
Iron & Steel, Textiles, Jute, Sugar, Cement, Paper
GDP Growth
10.20%
Dates & Numbers
dd/mm/yyyy
Official State Name
India
Population
1.38 billion
Capital
New Delhi
Major Languages
Hindi
Currency
Indian Rupee ₹
Internet Domain
.in
International Dialing Code
+91
33°C
Payroll
Bills that consolidate and regulate wages, industrial relations, social security and occupational safety, health and working conditions have been introduced: the Industrial Relations Code 2020, the Code on Wages 2019 and the Code on Social Security 2020. Companies that operate global payroll should take note of the labour legislation applicable to all establishments in India. These must be complied with in respect of all employees, irrespective of their nationality.
It is acceptable to provide employees with online payslips
Payslip
Payroll reports must be kept for 7-10 years
Reports
15 days
Annual Leave
12 days paid sick leave
Sick Leave
26 weeks of paid maternity leave and 15 days of paid paternity leave
Maternity & Paternity Leave
On provision of 30-90 days prior notice
Employee Termination
Although not mandatory, it can be paid as a percentage of the yearly salary
13th month salary
₹176 for an eight-hour work day
Minimum Wage
Paid at the rate of twice the ordinary rate of wages of the worker
Overtime
15 days' wages for each completed year of service
Severance Pay
Tax and Social Security
An individual’s income tax is determined by their residential status. An individual is considered a resident of India if they are in India for a minimum of 182 days during the tax year. India’s social security system includes the Employees’ Provident Fund Scheme (1952), the Employees’ Pension Scheme (1995) and the Employees’ Deposit Linked Insurance Scheme (1976).
Tax
Individuals are taxed on a progressive basis, with a maximum marginal rate of tax of 42.75% under the Income Tax Act.
Corporate Income Tax
Personal Income Tax
Sales Tax
VAT
Social Security
The Employees’ Pension Scheme is both a defined contribution and defined benefit scheme which provides pension payments for life on retirement and on disability during employment.
Social Security Rate
Social Security Rate for Employers
Social Security Rate for Employees
Employment Law
The labour laws are applicable to all establishments in India, that is, employers and employees within India. Collective bargaining agreements may be negotiated by trade union members and an employer and since these terms are subject to labour legislation, they require a higher duty of care on the part of the employer.
Employment agreement
The usual practice is for employees to receive an offer letter which outlines the terms of employment but an employment contract is recommended to be completed.
Working condition
A National Floor Wage was introduced to bring uniformity to the minimum wages across India. Additionally, the Labour Ministry issued Model Standing Orders in 2020 which allow for ‘Work from home’ to be formalised and encouraged
Leaves
The amount of leave available to an individual will depend on the state they reside in. There are also various types of leave including annual leave, sick leave, maternity and paternity leave, family leave
Employment termination
Labour and employment is governed at both the federal and state levels. A 30 - 90 day notice period is mandated for terminating ‘workmen’. When terminating for convenience, the employer must ensure the last person in is the first one made redundant.
1 month
Minimum notice period for terminating an employee
15 days
Total number of public holidays
40
Working hours per week
7 days
Total number of days for Compassionate & Bereavement Leave
Immigration
Foreign employees are required to have an employment visa which is granted on meeting certain conditions. This includes the applicant being highly skilled or qualified and engaged or appointed by a company in India on a contract of employment basis.
Residency permits
Foreign nationals (including family members) who intend to stay in India for over 180 days must register with the Foreign Regional Registration Office (FRRO) within 14 days of arriving in the country.
Work Permit validity
One year
Required Documents
Completed and signed online application form – (www.indianvisaonline.gov.in/visa)
Two recent passport size photos (51mm x 51mm) which are not older than three months
The local company NOC document should be provided in its original form together with seal and signature
The NOC should state that the person is sent on behalf of the company and that the ticket, accommodation, stay and expenses are borne by the company
The original invitation letter from India should be provided showing the seal and signature
Copy of the valid Trade License of the local company. Where the document is in Arabic or any other language, a translation is required.
Build the best team and hire top talent compliantly in India. Get in touch with India payroll outsourcing & PEO specialists for a free consultation!
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