Service · India Workforce Solutions

Employer of Record (EOR) Services in India

Hire skilled Indian professionals compliantly — without setting up a legal entity. KDP Accountants acts as your legal Employer of Record in India, handling payroll, PF, ESI, TDS, employment contracts, labour law compliance, and FEMA advisory so you can focus entirely on building your business.

Since 1955 CA firm, not a tech platform
48-Hour Onboarding Employee active in 2 days
Zero PE Risk FEMA + Tax advisory bundled

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70+ Years of CA Expertise
48 hrs Employee Onboarding
0% PE Risk with EOR Structure
100% Statutory Compliance Day 1
Overview

What is an Employer of Record (EOR) in India?

An Employer of Record (EOR) is a third-party organisation that becomes the legal employer of your Indian workforce on your behalf. While you retain complete control over the employee's day-to-day work, projects, and deliverables, the EOR assumes all employer-side legal obligations under Indian law — payroll processing, statutory contributions, employment contracts, tax filings, and full labour law compliance.

In India, you cannot legally pay an Indian worker without having a registered Indian entity (PAN, TAN, EPFO, ESIC registrations at a minimum). Using an EOR bypasses this requirement entirely. KDP's existing Indian legal registration covers all of these obligations for your employees, allowing you to hire compliantly within 48 hours rather than waiting 3–6 months to set up your own entity.

This arrangement is structured as a three-party relationship: your global company (the client), the EOR (the legal employer in India), and your employee. The employee is legally employed by KDP but works exclusively for and under the direction of your company. The employment is fully documented, statutory benefits are paid, and all tax obligations are met from day one — with zero misclassification risk.

EOR services are particularly valuable for foreign companies wanting to access India's talent pool without the complexity of entity setup, startups testing the Indian market before committing to a full subsidiary, and accounting and professional services firms looking to build offshore India teams of qualified finance professionals.

Get Started

Hire in 48–72 Hours

Skip the 3–6 month entity incorporation process. KDP's existing India registration means your employee can receive a compliant offer letter and be onboarded within two working days.

Zero Permanent Establishment Risk

The EOR structure cleanly eliminates PE risk by making KDP the legal employer, not your company — protecting you from Indian tax authority assessments on your global operations.

100% Statutory Compliance from Day 1

PF, ESI, TDS, gratuity, statutory bonus — all mandated by Indian law, all handled by KDP from the employee's first day. No missed contributions, no penalties, no compliance gaps.

Full Cost Transparency

India's employer costs — 12% PF, 3.25% ESI, gratuity provisioning, and statutory bonus — are itemised upfront in your monthly invoice. No budget surprises, no hidden fees.

Smooth EOR-to-Entity Transition

When you're ready to set up your Indian subsidiary, KDP handles both — the EOR today and the subsidiary formation tomorrow, with seamless staff transfer. No new vendors, no disruption.

How It Works

The 3-Party EOR Structure Explained

EOR operates through two clean, separate contracts that work together. Your company has no direct employment relationship with the Indian worker, eliminating all PE risk.

Your Company (Client)

You remain in control — without the compliance burden

  • Signs a Client Services Agreement with KDP (EOR)
  • Directs the employee's daily work, tasks & deliverables
  • Sets performance targets and promotions
  • Pays KDP a monthly invoice (salary + costs + EOR fee)
  • Zero direct contractual link to the Indian employee
  • No Indian entity, PAN, TAN, EPFO or ESIC registration required
KDP Accountants (EOR)

Your legal employer of record in India

  • Legally employs the worker under Indian law
  • Issues employment contract (India-compliant)
  • Processes monthly payroll in INR
  • Deposits PF (12%), ESI (3.25%), deducts TDS
  • Files all statutory returns (EPFO, ESIC, TDS)
  • Provides FEMA & tax advisory on the hiring structure
Your Indian Employee

Fully protected under Indian law from Day 1

  • Signs employment contract with KDP (EOR)
  • Receives salary from KDP's India payroll
  • Gets all statutory benefits (PF, ESI, gratuity, bonus)
  • Receives Form 16 for income tax filing
  • Works exclusively for and reports to your company
  • Fully protected under Indian labour law from Day 1

The EOR model creates zero co-employment risk. There is no direct contractual link between your company and the Indian employee. KDP bears full legal employer liability under Indian law, ensuring your company has no PE exposure and no obligations under Indian employment legislation. The structure is fully documented and audit-ready from day one.

Advantages

8 Key Benefits of Employer of Record Services

EOR removes every barrier between your global company and India's 600+ million-strong workforce. Here is what you gain from day one.

01

Hire in 48–72 Hours

Skip the 3–6 month entity incorporation process. KDP's existing India registration means your employee can receive a compliant offer letter and be onboarded within two working days of finalising the role — from offer to payroll-active employee at record speed.

02

Zero Permanent Establishment Risk

Hiring Indian employees directly without an entity creates PE risk — the Indian tax authority can deem your company to have a taxable presence in India. The EOR structure cleanly eliminates this by making KDP the legal employer, not your company.

03

100% Statutory Compliance from Day 1

PF, ESI, TDS, gratuity, statutory bonus, maternity benefits — all mandated by Indian law, and all handled by KDP from the employee's first day. No missed contributions, no penalties, no compliance gaps throughout the employment lifecycle.

04

Full Cost Transparency

India's employer costs — 12% PF, 3.25% ESI, gratuity provisioning, and statutory bonus — add up fast. KDP itemises every contribution upfront in your monthly invoice, so there are no budget surprises or hidden fees at any point.

05

Eliminate Contractor Misclassification Risk

Indian courts regularly reclassify independent contractors as full-time employees and order back-payment of all statutory benefits — including PF, ESI, and gratuity. EOR secures proper employee status from day one, eliminating this risk entirely.

06

Test the Indian Market Risk-Free

Use EOR to pilot operations, build a team, and validate your India market thesis before committing to a full subsidiary. If the market doesn't work out, wind down is straightforward — no entity dissolution, no complex legal procedures required.

07

India-Compliant Employment Contracts

KDP drafts employment agreements in accordance with Indian labour laws — including notice periods, non-compete clauses, confidentiality, termination terms, and all mandatory provisions under applicable State Shops & Establishments Acts.

08

FEMA + Tax Advisory Bundled

Unlike tech-first EOR platforms, KDP integrates FEMA compliance, income tax advisory, and transfer pricing analysis directly into your EOR service — ensuring your India hiring structure is optimised across all regulatory dimensions simultaneously.

What We Handle

KDP's Employer of Record Services

From the moment you decide to hire your first Indian employee until they retire or move on, KDP manages all employment-related obligations, administrative tasks, and compliance filings on your behalf.

01

Employee Onboarding & Documentation

Complete onboarding management from initial offer to first day — employees are hired and ready within 48 hours of finalising terms.

  • India-compliant offer letter and employment agreement
  • Collection and verification of KYC documents (PAN, Aadhaar, bank account)
  • EPFO (PF) and ESIC (ESI) registration for new employees
  • Benefits enrolment: health insurance, gratuity provisioning
  • Background and reference check coordination
  • Employee handbook and company policy documentation (customised)
02

Payroll Processing & Tax Management

Accurate, on-time monthly payroll processed in Indian Rupees with full statutory compliance and complete audit trails.

  • Monthly payroll computation with full pay-slip generation
  • TDS calculation and monthly deposit (Challan 281)
  • Quarterly TDS returns (Form 24Q) and annual Form 16 issuance
  • PF contributions — 12% employee + 12% employer — monthly deposit
  • ESI contributions — 0.75% employee + 3.25% employer (if applicable)
  • Professional Tax (PT) deduction and deposit as per state rules
03

Labour Law & Legal Compliance

Indian employment law is governed by a complex web of central and state laws. KDP ensures full compliance across all applicable laws, protecting you from penalties and litigation.

  • Compliance with applicable State Shops & Establishments Act
  • Adherence to the 4 new Labour Codes (Wages, Social Security, IR, OSH)
  • Leave management — annual, casual, sick, maternity, paternity
  • Gratuity provisioning and payment (after 5 years' service)
  • Statutory Bonus under the Payment of Bonus Act
  • POSH (Prevention of Sexual Harassment) advisory and compliance
04

Employment Contracts & IP Protection

All employment contracts are drafted by KDP's legal team to be fully compliant with Indian law, while also addressing your business needs including IP transfer, confidentiality, and non-solicitation.

  • Customised employment agreements (permanent, fixed-term, probationary)
  • IP assignment clauses protecting your company's inventions and code
  • Non-disclosure and confidentiality agreements
  • Non-solicitation clauses (enforceable under Indian contract law)
  • Working hours, overtime, and remote work policies
  • Contract amendments and addendums as business needs evolve
05

Employee Benefits Administration

Competitive employee benefits are critical to attracting and retaining top Indian talent. KDP administers all statutory and supplementary benefits.

  • Group health insurance (employer-paid mediclaim) procurement and management
  • Provident Fund (PF) — voluntary higher contribution options
  • Gratuity fund management and payment on exit
  • Tax-efficient salary structuring (HRA, LTA, food allowance, phone allowance)
  • Maternity benefit management (26 weeks paid leave)
  • Annual bonus administration under Bonus Act
06

Employee Offboarding & Exit Compliance

Incorrect exit procedures can lead to litigation. KDP manages the entire exit process — from resignation acceptance to final settlement — ensuring legally flawless offboarding.

  • Notice period management and waiver negotiation
  • Final settlement computation (earned leave, gratuity, bonus)
  • Full and Final (F&F) settlement letter and payment
  • PF withdrawal or transfer initiation on employee request
  • ESI account closure and ESIC benefit guidance
  • Experience letter, relieving letter, and Form 16 issuance
07

FEMA & Cross-Border Compliance

KDP's unique dual expertise in EOR and FEMA advisory means your hiring structure is optimised across both employment and foreign exchange compliance — a combination no pure-play EOR platform can offer.

  • Structuring EOR arrangement to minimise PE risk under FEMA and Income Tax Act
  • Transfer pricing analysis on intercompany service fee structures
  • FEMA compliance for employees with stock options in foreign parent company
  • Form 15CA / 15CB for any cross-border payments related to employment
  • Advisory on cross-border payroll for employees working partly in India
  • RBI / FEMA advisory when transitioning from EOR to owned entity
08

Remote Staffing for Finance & Accounting Firms

KDP specialises in providing foreign accounting, bookkeeping, and financial services firms with qualified finance professionals based in India — under full EOR compliance, without any setup burden on the client firm.

  • Hire CA-qualified accountants, tax preparers, and bookkeepers in India
  • Finance analysts, FP&A specialists, and management accountants
  • Payroll specialists for outsourced payroll operations
  • No requirement for the foreign firm to set up an India office
  • All employment, PF, ESI, TDS, and labour law handled by KDP
  • Dedicated HR point of contact for the client firm
Right Fit

Who Should Use EOR Services in India?

KDP's Employer of Record service is ideally suited for these company types. Not sure if EOR is right for you? KDP advises every client on the optimal India entry structure before engagement.

Foreign Companies Entering India

Global businesses that want to access India's talent pool without the complexity, cost, and time of entity setup. Hire your first India-based employee in 48 hours with full compliance.

No Entity Needed US / UK / UAE Fast Hire

Startups Testing the Indian Market

Early-stage companies validating their India market thesis before committing to a full subsidiary. Use EOR to build a team, test operations, and then transition to your own entity when ready.

Market Testing No Lock-In Easy Wind-Down

Accounting & Finance Firms

Foreign accounting, bookkeeping, and financial services firms building offshore India teams of CA-qualified professionals without setting up an India office or navigating Indian employment law independently.

CA Professionals Finance Teams Offshore Staffing

Technology & IT Companies

Software companies, IT services firms, and SaaS businesses hiring India-based engineers, developers, or QA professionals who need proper employment contracts and statutory benefits without entity setup.

Developers IT Teams Remote-First

Companies Replacing Contractor Arrangements

Businesses currently engaging Indian professionals as independent contractors who need to transition to compliant employment before facing misclassification audits, back-payment orders, or PF/ESI penalties.

Contractor Risk Compliance Fix Quick Transition

Companies Pre-Entity Setup

Businesses that have decided to incorporate an Indian subsidiary but need to start hiring immediately — EOR bridges the 3–6 month incorporation gap, with KDP managing the seamless transfer of employees once the entity is ready.

Pre-Incorporation Bridge Solution Seamless Transfer

EOR is ideal for 1–50 employees or while testing the Indian market. When headcount exceeds 30–50 employees, or when you need to raise FDI, enter government contracts, or establish full brand identity as an Indian employer, KDP recommends transitioning to your own Indian subsidiary. KDP handles both — the EOR today and the entity setup tomorrow.

Why Choose KDP

Why Choose KDP Accountants as Your Employer of Record in India?

KDP is not just another EOR platform. We are a Chartered Accountancy firm established in 1955, bringing institutional expertise across employment law, taxation, FEMA, and corporate compliance — all under one roof.

  • CA Firm Since 1955 — Not a Tech Platform

    Unlike pure-play EOR platforms, KDP's Employer of Record service is backed by 70 years of Chartered Accountancy expertise. Your employment compliance and tax strategy are handled by qualified CAs, not automated algorithms — ensuring accuracy, accountability, and personalised advisory at every step.

  • Integrated FEMA + Tax + EOR Advisory

    KDP is the only EOR provider in India that bundles FEMA compliance, transfer pricing analysis, and income tax advisory into the EOR service itself — ensuring your India hiring structure is watertight across all regulatory dimensions, not just payroll and PF.

  • Specialist in Finance & Accounting Talent

    As a CA firm, we specialise in EOR arrangements for foreign accounting and finance firms — giving us unique insight into the qualifications, tools, and expectations your India-based finance team needs to deliver from day one. We understand your business because we are in the same profession.

  • Smooth EOR-to-Entity Transition

    When you're ready to set up your Indian subsidiary, KDP handles both the EOR operations today and the subsidiary's formation tomorrow, as well as the staff transfer process from day one. No new vendors, no disruption, seamless continuity across the entire India journey.

Get in Touch

Ready to Hire Your First Indian Employee?

Reach out to our experts today for a personalised consultation. We'll guide you from EOR structure setup and employment contract drafting to full payroll compliance and FEMA advisory.

Send an Enquiry
Quick Comparison

EOR vs PEO vs Own Entity in India

Understanding where EOR sits relative to other India hiring models helps determine the right approach for your business stage and objectives.

Parameter EOR (via KDP) PEO / Co-Employment Own Indian Entity
Entity Setup Required No Varies Yes (3–6 months)
Time to First Hire 48–72 hours 1–4 weeks 3–6 months
PE Risk Eliminated Moderate Managed
Legal Employer EOR (KDP) Shared Your company
Payroll & Statutory Compliance Fully managed by KDP Shared responsibility In-house or outsourced
FEMA Advisory Included Yes — bundled Rarely Separate engagement
Ideal Headcount 1–50 employees Varies 50+ employees
Wind-Down Complexity Simple Moderate Complex
FAQ

Frequently Asked Questions

Everything global companies, startups, and accounting firms ask us before getting started with EOR services in India.

1

What is an Employer of Record and how does it work in India?

An EOR is a locally registered company that legally employs Indian workers on behalf of your foreign company. KDP issues the employment contract, processes payroll, deposits PF, ESI and TDS, and handles all labour law compliance. You direct the employee's work daily. KDP invoices you monthly covering salary, statutory costs, and EOR fee — resulting in a fully compliant Indian employee with zero entity setup burden on your side.

2

Can a foreign company hire employees in India without a local entity?

Yes, through an EOR. You cannot legally pay an Indian worker from your foreign payroll without an Indian entity (which requires PAN, TAN, EPFO, and ESIC registrations at minimum). An EOR bypasses this by employing the worker through its own Indian entity. The employee is fully compliant with Indian law from day one — KDP's existing India registration covers all statutory obligations for your employees.

3

How quickly can KDP onboard an employee under EOR?

KDP can onboard employees in 48–72 hours from receipt of complete documentation. This includes issuing the employment contract, registering the employee with EPFO and ESIC, setting up payroll, and activating benefits. This compares to 3–6 months required to incorporate your own Indian entity. The 48-hour timeline assumes the employee's KYC documents (PAN, Aadhaar, bank account) are available and verified.

4

What statutory benefits must be given to Indian employees?

Indian employees are entitled to: Provident Fund (12% employer contribution), ESI if salary ≤ ₹21,000/month (3.25% employer), Gratuity after 5 years of service, Statutory Bonus (8.33–20% of annual salary), Maternity leave (26 weeks paid), earned leave, casual leave and sick leave as per state laws, and Professional Tax deduction. KDP handles all of these on your behalf, itemised clearly on your monthly invoice.

5

What is the difference between an EOR and a PEO in India?

An EOR is the sole legal employer — it bears full legal liability under Indian employment law with no co-employment. A PEO (Professional Employer Organisation) operates in a co-employment model where both the PEO and the client share employer responsibilities. In India, the EOR model is preferred for foreign companies because it provides a cleaner liability shield and eliminates the PE risk that can arise from co-employment structures.

6

How does KDP's EOR service handle employee termination in India?

KDP manages the entire exit process compliantly: serving or accepting notice per the employment contract (typically 30–90 days), computing full and final settlement (earned leave encashment, gratuity if applicable, pro-rated bonus), processing the final salary, issuing the experience letter, relieving letter, and Form 16, and initiating PF transfer or withdrawal. For involuntary terminations, KDP advises on retrenchment compensation requirements to avoid wrongful termination claims.

7

Does KDP's EOR service include FEMA compliance?

Yes — this is KDP's most significant differentiator from other EOR providers. As a Chartered Accountancy firm specialising in FEMA, we bundle FEMA advisory directly into the EOR service. This covers PE risk analysis under the relevant DTAA, transfer pricing analysis on the service fee your company pays, FEMA compliance for any ESOPs or stock options the employee holds in the foreign parent, and Form 15CA/15CB for any cross-border payments. No other EOR provider in India offers this integrated coverage.

8

When should a company transition from EOR to its own Indian entity?

EOR is ideal for 1–50 employees or while testing the Indian market. Consider transitioning to your own Indian subsidiary when: you have a long-term commitment to India operations; headcount exceeds 30–50 employees and the EOR cost premium outweighs entity setup costs; you need to raise FDI or enter government contracts; or you want full brand identity as an Indian employer. KDP facilitates this transition seamlessly — incorporating your subsidiary and transferring employees across without any disruption.

Hire Your First Indian Employee with KDP Today

No entity setup. No compliance headaches. No PE risk. Just India's best talent working for your company — fully compliant from day one, backed by 70 years of CA expertise.

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