Last Updated: 8 May 2026

India EOR Cost Calculator — True Cost of Hiring in India via Employer of Record (FY 2025-26)

TL;DR

This India EOR Cost Calculator computes the all-in cost a foreign company pays to hire an employee in India through an Employer of Record. The total has four components: gross salary (paid to employee), statutory employer contributions (PF, ESI, gratuity, bonus, professional tax, LWF), EOR provider fee ($99-$700 per month depending on tier), and group health insurance. The calculator reflects the four Labour Codes effective 21 November 2025 — basic must be ≥50% of CTC, raising PF and gratuity bases; fixed-term employees qualify for gratuity after 1 year. The output includes the EOR vs subsidiary break-even (typically 10-15 employees) and EOR vs independent contractor risk comparison. Pair with our Working Capital Calculator for full cost-of-expansion modelling.

India EOR Cost Calculator

Enter the employee's gross monthly salary, choose the state of work, EOR provider tier and insurance preference. The calculator computes statutory employer contributions, provider fees, total monthly and annual cost, the effective load percentage on gross salary, and the break-even point against setting up your own subsidiary.

Employee Profile
CTC offered to employee, excluding employer-side statutory.
40% (legacy)50% (Code-compliant)60%
Per Wages Code 2019, basic must be ≥50% of total remuneration. Drives PF + gratuity base.
Drives professional tax and LWF rates; Bengaluru salary band differs from Pune.
Used for EOR vs subsidiary break-even computation.
EOR Provider Tier
India specialists (Wisemonk, Pamgro) typically lowest. Premium global (Deel, Oyster) charge 4-5× more for same India compliance.
Background check, contract drafting. Often waived for ≥5 hires.
Benefits & Insurance
Group health typical: Self ₹5K/yr, +Spouse ₹8K/yr, Family ₹15K/yr per employee.
Hiring Cost Verdict
Total Monthly
Effective Load %
Annual Cost

Cost Breakdown (Monthly)

Gross Salary (paid to employee)
+ Statutory Employer Contributions
· Provident Fund (12%)
· ESI (3.25% if gross ≤ ₹21K)
· Gratuity provision (4.81%)
· Statutory Bonus (8.33%)
· Professional Tax
· Labour Welfare Fund
+ EOR Provider Fee
+ Group Health Insurance
= Total Monthly Cost

EOR vs Alternatives — Per Employee Cost

EOR ArrangementStatutory + Provider fee + Insurance
Wholly-Owned SubsidiarySetup amortised + monthly compliance + statutory
Independent ContractorService fee + 10% TDS, no statutory MISCLASS RISK
Break-Even (EOR vs Subsidiary)Number of employees at which subsidiary becomes cheaper
Statutory Total
EOR Provider Fee
Cost / USD Equivalent
PF Wage Base
Annual Bonus Provision
Recommended Model
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Free 15-min review by a Chartered Accountant — India EOR Cost Calculator validation, professional documentation, no obligation.

How the Calculator Works

The calculator combines four cost layers to produce the true cost of hiring an employee in India through an EOR arrangement. Each layer reflects current regulatory and market reality as of FY 2025-26 with the four Labour Codes effective from 21 November 2025.

Layer 1: Gross Salary

The cash CTC offered to the employee. Indian salary structures consist of basic pay, dearness allowance, house rent allowance, special allowance and variable components. Under the Wages Code 2019 effective 21 November 2025, basic plus dearness allowance plus retaining allowance must constitute at least 50% of the total remuneration — the famous "50% wage rule" that increases the calculation base for statutory contributions.

Layer 2: Statutory Employer Contributions

Mandatory employer-side contributions on top of gross salary, computed on the wage base as defined under the Code on Social Security 2020. Six components: Provident Fund at 12% of wages; Employees State Insurance at 3.25% of gross where gross ≤ ₹21,000; gratuity provision at 4.81% of wages; statutory bonus at 8.33% to 20% of wages where applicable; professional tax at state-specific rates; and Labour Welfare Fund at state-specific rates.

Layer 3: EOR Provider Fee

The fee charged by the EOR for legal employment infrastructure, payroll administration, statutory compliance, and HR support. Four pricing models in the Indian market: India-specialist providers ($99-$200/month), mid-market global platforms ($200-$400/month), premium global enterprises ($599-$700/month), and custom percentage-of-payroll arrangements (typically 8-15% of gross).

Layer 4: Group Health Insurance

Optional but expected by employees in India. Self-only coverage typically costs ₹5,000 per year, employee-plus-spouse ₹8,000, family floater ₹15,000. Some EOR providers bundle basic insurance in their fee; most charge separately. Premium coverage with critical illness, term life, and out-patient benefits adds another ₹5,000-₹10,000 per year per employee.

India Statutory Employer Contributions Explained

Six statutory cost components apply to most India employees. Each has its own threshold, base, and remittance schedule. EOR providers handle remittance and reporting; the foreign company pays the cost as part of the monthly EOR invoice.

Provident Fund (EPF)

Governed by the Employees Provident Funds and Miscellaneous Provisions Act 1952, now subsumed under the Code on Social Security 2020. Both employee and employer contribute 12% of "wages" (as defined under the Wages Code 2019). Employee 12% goes wholly to EPF. Employer 12% splits as 8.33% to Employees Pension Scheme (capped at 8.33% of ₹15,000 = ₹1,250/month), 3.67% to EPF, plus 0.5% Employees Deposit Linked Insurance (capped at 0.5% of ₹15,000 = ₹75/month) and 0.5% admin charges. Effective employer burden is approximately 13% of the wage base. International workers have no ₹15,000 ceiling. Refer to EPFO India for current contribution schedules.

Employees State Insurance (ESI)

Applies to employees with gross monthly wage of ₹21,000 or less. Employer contributes 3.25% of gross; employee contributes 0.75%. Provides medical benefits, disability cover, maternity benefits and dependent benefits via the ESIC portal. For most knowledge-economy employees with gross above ₹21,000, ESI does not apply. Note: the Code on Social Security retains the ₹21,000 threshold pending finalisation of central rules.

Gratuity

Lump-sum benefit payable on termination, retirement or death after five years of continuous service (one year for fixed-term employees under the new Code). Computed as: Last drawn wages × 15 ÷ 26 × completed years of service. Statutory ceiling is ₹20,00,000. Most companies provision 4.81% of monthly wages as accrual to be tax-deductible under Section 36(1)(v). The Code on Social Security's broader wage definition has increased this base by 25-50% across most companies.

Statutory Bonus

Under the Payment of Bonus Act 1965, applies to establishments with 20 or more employees. Bonus eligibility threshold: salary ≤ ₹21,000 per month. Minimum bonus: 8.33% of salary; maximum: 20% of salary. Computed and paid annually within 8 months of FY end. For most senior employees with salary above ₹21,000, statutory bonus does not apply but companies typically still provide ex-gratia or performance bonus.

Professional Tax

State-level tax under Article 276 of the Constitution, capped at ₹2,500 per year per employee. Levied by some states only. Maharashtra, Karnataka, Tamil Nadu, Telangana, West Bengal, Gujarat, Andhra Pradesh, Odisha and Madhya Pradesh impose professional tax. Delhi, Haryana, Punjab, Uttar Pradesh, Uttarakhand and Rajasthan do not. Typical rate is ₹200 per month (₹2,400 per year) for salaries above ₹15,000-₹20,000 depending on state slabs.

Labour Welfare Fund (LWF)

State-administered welfare fund for unorganised workers' education, health and welfare. Rates vary widely: Maharashtra ₹36/year (employer), Karnataka ₹40/year, Tamil Nadu ₹20/year, Gujarat ₹12/year. Many states do not have an LWF. Total cost is nominal — typically ₹40-100 per year per employee.

Labour Codes 2025 — What Changed for EOR Costs

The four Labour Codes — Wages Code 2019, Industrial Relations Code 2020, Code on Social Security 2020, and Occupational Safety, Health and Working Conditions Code 2020 — became enforceable on 21 November 2025, consolidating 29 pre-existing labour statutes. Three changes materially affect EOR cost structure for foreign employers.

Change 1: Unified "Wages" Definition with 50% Rule

Section 2(y) of the Wages Code 2019 defines wages uniformly across all four codes. Wages = basic pay + dearness allowance + retaining allowance, with limited exclusions for HRA, conveyance, statutory bonus, overtime, gratuity and similar items. Critically, the excluded allowances cannot exceed 50% of total remuneration; the excess is deemed to be wages. This forces a structural recalibration of Indian salary packages — basic + DA must be at least 50% of CTC. Prior structures with 30-35% basic and 65-70% allowances are no longer compliant.

Change 2: Higher PF and Gratuity Bases

Because PF, ESI, gratuity and statutory bonus are computed on "wages", the broader definition raises the calculation base substantially. Companies with low basic structures (30-35% of CTC) see PF contributions increase by 30-50%. Gratuity liability under Ind AS 19 jumps 25-50% across most companies as the actuarial valuation incorporates the new wages base. Existing employee severance reserves may be inadequate; companies must remeasure and book past service cost in the P&L for the period 21 November 2025 onwards.

Change 3: Fixed-Term Employees Get Gratuity at 1 Year

Under the Code on Social Security 2020, fixed-term contract employees become eligible for gratuity after just one year of continuous service, down from five years. This eliminates the cost advantage of fixed-term over permanent employment. EOR providers have absorbed this change but it materially affects the economics of project-based hiring. For roles expected to last 12-24 months, the gratuity-at-1-year rule means termination cost rises by 8-12% versus the old framework.

Compliance buffer in EOR cost: Most EOR providers have built a 5-8% buffer into their statutory cost computation to absorb the Labour Code transition impact. Foreign employers should verify with the EOR whether quoted statutory burden reflects the new 50% wages rule. Quotes from before mid-2025 may understate costs by 10-15%.

Need Help Hiring in India?

Patron Accounting helps foreign companies pick between EOR and subsidiary, set up Indian entities, register PF/ESI/GST, and run compliant payroll. Fixed-fee engagement model with transparent pricing.

EOR Provider Tiers — Pricing Reality

India EOR pricing in 2026 spans an order of magnitude — from $99 per employee per month at the low end to $1,500 at the premium end. Same statutory compliance, same legal employer entity, same PF/ESI/TDS remittance. The fee differential reflects positioning, scale, country coverage, and service depth — not better India compliance.

Tier 1: India-Specialist Providers ($99-$200/month)

Examples: Wisemonk, Pamgro, Kaamwork. Wholly-owned Indian entity, in-house payroll team, dedicated HR manager per client. Best fit when India is the only or primary hiring location. Pricing typically flat-fee per employee per month regardless of salary level. Setup fees often waived. Insurance frequently bundled in the headline fee. Limitations: usually do not support hiring outside India.

Tier 2: Mid-Market Global Platforms ($200-$400/month)

Examples: Multiplier, Skuad, Remofirst, Borderless AI. Multi-country coverage (typically 80-150 countries) with India as a major market. Self-service portal-driven onboarding, ticket-based support. Best fit when India is one of multiple hiring countries (US + UK + India + Mexico). Pricing often flat-fee with country surcharges. Setup fees and security deposits more common.

Tier 3: Premium Global Enterprises ($599-$700/month)

Examples: Deel, Oyster, Atlas HXM, Justworks Global. Comprehensive multi-country coverage (140-185+ countries). Dedicated account managers, quarterly business reviews, embedded HR consulting. Best fit for companies hiring 50+ globally with India as one market. White-glove service justifies premium pricing for HR-heavy organisations. Equipment procurement and benefits broker support typically included.

Tier 4: Custom Percentage Models

Some providers charge 8-15% of gross salary instead of flat fee. Attractive for low-salary roles (5-8% of $30K is cheaper than $300/month flat) but punishing for senior hires (15% of $120K = $18,000/year extra versus $4,800 flat). Calculate both flat and percentage models across your salary bands before signing. Hybrid arrangements — flat fee for senior roles, percentage for junior — often optimal.

TierMonthly Fee RangeBest FitIndia Coverage Quality
India-Specialist$99-$200 (₹8,000-₹17,000)India-only or India-primary hiringExcellent — local expertise
Mid-Market Global$200-$400 (₹17,000-₹33,000)Multi-country teams, 5-50 employeesGood — standardised processes
Premium Global$599-$700 (₹50,000-₹58,000)Enterprise, 50+ globallyExcellent — dedicated team
Custom %8-15% of grossMixed seniority levelsVaries by provider

EOR vs Wholly-Owned Subsidiary — When to Switch

The classic build-vs-buy question. EOR offers speed and zero infrastructure. Subsidiary offers control, brand identity in India, and lower marginal cost per employee at scale. The break-even calculation depends on three variables: total fixed cost of subsidiary, marginal compliance cost per employee, and EOR provider fee.

Subsidiary Cost Structure

  • Setup cost: ₹5-15 lakh one-time. Includes private limited company incorporation (₹15,000-₹50,000) via the MCA portal, GST registration, EPF and ESI registrations, PAN/TAN, professional tax registration, opening bank accounts, drafting employment contracts and HR policies, professional fees for company secretary and CA support during setup.
  • Recurring compliance: ₹50,000-₹1,00,000 per month. Includes monthly payroll processing, GST returns, TDS returns, PF returns (ECR + Form 24Q), ESI returns, professional tax returns, ROC annual filings (AOC-4, MGT-7), audit fees amortised, transfer pricing documentation if applicable.
  • Per-employee statutory: Same as EOR (PF, ESI, gratuity, bonus, PT, LWF) — governed by law not by the employer's structure.
  • Subsidiary CFO/HR overhead: ₹10-25 lakh annual for a CFO + 1 HR person, scaling with team size.

Break-Even Math

Set subsidiary monthly cost equal to EOR monthly cost. Subsidiary cost = (Setup ÷ 12 amortised) + Compliance + (N × Statutory). EOR cost = N × (EOR Fee + Statutory). Solve for N. Typical break-even falls in the 8-15 employees range depending on EOR tier and salary level. The calculator above computes this automatically.

Beyond the Numbers — Strategic Factors

  • Speed: EOR onboards in 24-72 hours; subsidiary takes 4-6 months. For testing the India market or rapid hiring, EOR wins.
  • Brand presence: Subsidiary lets you sign contracts in India, register trademarks, lease office space in your name. Long-term India bets need a subsidiary.
  • Equity grants: Indian subsidiary can offer ESOPs of the parent or local equity. EOR cannot directly administer foreign-parent ESOPs (only book the perquisite).
  • Compliance burden: Subsidiary brings monthly returns, audits, TP documentation, transfer pricing, FEMA reporting. EOR offloads this entirely.
  • Exit cost: Closing a subsidiary in India takes 18-24 months. Closing an EOR relationship takes 60-90 days notice. Hedge accordingly.

EOR vs Independent Contractor — The Misclassification Risk

The cheapest option on paper is to engage Indian talent as independent contractors. No PF, no ESI, no gratuity, no bonus, no labour code compliance. Pay through wire transfer, deduct 10% TDS under Section 194J or 194O, issue Form 16A annually, done. So why don't all foreign companies do this?

The Risk: Substance over Form

Indian courts and the Income Tax Department, GST authorities, and the EPFO regularly recharacterise long-term contractor relationships as employment. The substance-over-form test asks: Does the foreign company control the working hours? Provide equipment? Direct day-to-day work? Pay regular monthly amounts? Restrict the worker from working for others? If yes, the contractor is functionally an employee — and the foreign company is liable for retrospective PF, ESI, gratuity, bonus, professional tax, plus interest and penalties going back up to 7 years.

Quantifying the Risk

For a contractor earning ₹2 lakh per month treated as employee: retrospective PF for 24 months = ₹4.32 lakh + interest at 12% = ₹4.84 lakh. Retrospective gratuity = ₹0.50 lakh. Penalties under Section 14B EPF Act up to ₹1 lakh per month per employee. ESI penalties similar. Aggregate retrospective exposure for one misclassified worker over 2 years can exceed ₹6-8 lakh — far more than 24 months of EOR fees ($3,000-$15,000).

Safe Cases for Contractor Engagement

  • Genuine project-based work: Defined scope, defined deliverables, defined end date. Less than 6 months. Worker has other clients.
  • Specialist consulting: Strategy advice, design work, legal opinion, accounting work where worker brings independent professional judgment.
  • Outcome-based engagements: Payment tied to milestones, not hours. Worker uses own equipment and infrastructure.
  • Multi-client visible relationship: Public-facing work for multiple companies, not exclusive engagement.

For ongoing relationships of 6+ months with day-to-day direction, EOR is the safe path. The cost differential of ~$200-$500 per month is tiny compared to the misclassification exposure.

Hidden Costs in EOR Contracts

The headline EOR fee is the start of the conversation, not the end. Across published EOR contracts and our experience supporting foreign clients in India, the actual invoice contains 4-10 line items beyond the headline fee. Understanding these upfront prevents budget surprises.

Common Hidden Cost Lines

  • Setup fee: ₹0-₹40,000 per new employee. Covers background check, contract drafting, compliance onboarding. Negotiable to zero for ≥5-employee commitments.
  • Security deposit: 1-3 months of total cost (refundable). Held against severance, statutory, and termination liabilities. Negotiable down to 1 month for low-risk countries.
  • FX markup: 1-3% on USD-to-INR conversion when paying from USD. Often invisible in the invoice — embedded in the exchange rate offered. Get a benchmark FX rate confirmed in writing.
  • Off-cycle payment fee: ₹5,000-₹15,000 per off-cycle payment. Applies to bonuses, severance, mid-month adjustments. Push for standard inclusion of 2-3 off-cycles per year per employee.
  • Termination handling: ₹10,000-₹30,000 per termination. Covers final settlement, gratuity calculation, exit interview, EPF transfer support.
  • Equipment shipping: ₹15,000-₹40,000 per laptop. Most EORs procure and ship; alternative is to ship from US/UK with import duty and timeline risk.
  • Benefits broker markup: 10-15% on insurance premiums. Negotiate this to direct premium plus a fixed admin fee.
  • Year-end filing: Form 16, Form 24Q final, Form 26Q final — usually included but verify in MSA.

Negotiation Checklist Before Signing

Request a sample invoice for one employee at your target salary band. Verify each line item, ask which are bundled and which are extra. Request fee waivers for ≥5-hire commitments. Lock the FX rate methodology in writing — quarterly recalibration is fairer than at-invoice spot rate. Push for one free off-cycle per quarter and one free termination per year. Cap the security deposit at one month and confirm the refund timeline.

Onboarding Timeline — EOR vs Subsidiary

Time-to-hire is often the deciding factor for foreign companies. EOR collapses the onboarding window from months to days because the legal employment infrastructure already exists.

EOR Onboarding (24-72 Hours Typical)

  1. Day 0: Foreign company sends offer to EOR with terms. EOR drafts compliant Indian employment contract.
  2. Day 1: Candidate signs offer. EOR initiates background verification (3-5 working days).
  3. Day 1-2: KYC document collection — PAN, Aadhaar, bank details, prior employment proof, education proof.
  4. Day 2-3: PF/ESI/UAN registration if first job; otherwise UAN transfer. Salary structuring per Wages Code 50% rule. Insurance enrolment.
  5. Day 3: Active employment. Equipment shipped. Day 1 of work.

Subsidiary Setup (4-6 Months Typical)

  1. Months 1-2: Company incorporation. Reserve name, file SPICe+, obtain Certificate of Incorporation, PAN, TAN.
  2. Month 2: GST registration. Open current account. Apply for Importer Exporter Code if applicable.
  3. Months 2-3: PF registration on Shram Suvidha portal. ESI registration. Professional tax registration in operating states. Labour Welfare Fund registration where applicable.
  4. Month 3-4: Draft employment contracts, HR policies, leave policy, code of conduct, POSH committee constitution. Set up payroll infrastructure or engage payroll vendor.
  5. Months 4-5: First hires onboarded. First payroll run with PF challan, ESI challan, TDS challan, professional tax challan.
  6. Months 5-6: Steady-state operations. Annual filings infrastructure (ROC, income tax, GST annual return, TDS annual return).

For most foreign companies entering India, the path is: start with EOR for first 6-18 months, validate market fit and team, then transition to subsidiary at 10-15 employees when economics flip. Patron Accounting supports both phases — EOR vendor evaluation and subsidiary setup with full compliance handover.

Frequently Asked Questions

An Employer of Record is a third-party entity legally registered in India that hires employees on behalf of a foreign company without an Indian subsidiary. The EOR holds the formal employment contract, runs payroll, deducts TDS, remits statutory contributions like PF and ESI, and ensures Labour Code compliance. The foreign company directs the day-to-day work while the EOR carries the legal employer obligations. EORs let foreign companies hire in India in days rather than the months required for entity setup.
EOR provider fees in India range from approximately ₹8,000 to ₹58,000 per employee per month in 2026. India-specialist providers like Wisemonk and Pamgro charge $99 to $200 per month. Mid-market global platforms like Multiplier and Skuad charge $200 to $400. Premium global platforms like Deel and Oyster charge $599 to $700. The provider fee is added on top of gross salary and statutory contributions. Total true cost equals salary plus statutory plus provider fee plus insurance.
India employer statutory contributions include Provident Fund at 12% of wages (employer share including EDLI and admin charges), Employees State Insurance at 3.25% of gross wages where the wage is at or below ₹21,000 per month, gratuity provision at 4.81% of wages, statutory bonus at 8.33% to 20% of wages where applicable under the Payment of Bonus Act, professional tax at state-specific rates capped at ₹2,500 per year, and Labour Welfare Fund contribution at state-specific annual rates.
The four Labour Codes effective 21 November 2025 introduced a unified wages definition requiring basic pay plus dearness allowance to be at least 50% of total remuneration. For salary structures earlier loaded with allowances, this raises the PF and gratuity calculation base substantially. Industry estimates suggest gratuity liabilities will jump 25-50% across most companies. Fixed-term employees now qualify for gratuity after one year instead of five. EOR providers have absorbed these changes by adjusting salary structures upon onboarding.
EOR is generally cheaper for 1-10 employees. The break-even point typically lies in the 10-15 employee range, where the fixed costs of subsidiary setup (₹5-15 lakh one-time, ₹50,000 to ₹1 lakh per month recurring) are amortised over enough employees to beat the per-employee EOR fee. Beyond 15 employees, a subsidiary is usually cheaper but adds compliance complexity. The EOR Cost Calculator computes the precise break-even based on your salary level and provider tier.
An independent contractor is engaged directly by the foreign company under a service agreement without employment relationship — no PF, no ESI, no statutory benefits. The contractor handles their own taxes via Section 194J or 194O TDS at 10% to 20%. The risk is misclassification — Indian courts regularly recharacterise long-term contractors as employees, exposing the foreign company to retrospective PF, ESI, gratuity and tax liabilities. EOR is the safe path for ongoing relationships exceeding 6 months.
Yes, EOR provider fees are typically negotiable for hires of five or more employees. Common negotiation points include waiver of one-time setup fees, reduction of security deposits from two months to one month, FX markup compression from 2-3% to 1%, multi-year discount of 10-20%, and waiver of off-cycle payroll surcharges. Always request a detailed sample invoice with all line items before signing the master service agreement. Hidden fees can add 15-30% to the headline monthly fee.
It varies by provider. India-specialist EORs typically bundle basic group health insurance at no extra cost. Mid-market and premium global platforms usually charge insurance separately at ₹500 to ₹1,500 per employee per month depending on coverage. Self-only coverage starts around ₹5,000 per year, employee-plus-spouse around ₹8,000, and family floater around ₹15,000. Always confirm whether the quoted EOR fee includes insurance, equipment costs, off-cycle payments, and statutory remittance fees.
An EOR onboarding in India typically takes 24-72 hours from offer acceptance to active employment, assuming the employee has KYC documents and bank details ready. India-specialist providers offer faster timelines (under 24 hours) than global platforms. Background verification adds 3-5 working days. Compare this with subsidiary setup which takes 4-6 months including company incorporation, GST registration, EPF and ESI registrations, opening bank accounts, and obtaining state-specific labour licences.
For employees with basic salary above ₹15,000 per month, EPF contribution can either be capped at ₹15,000 (statutory ceiling) yielding employer EPF of ₹1,800 per month, or computed on the full basic salary if the employee opts in. Employees with international worker status have no ceiling and contribute 12% on full basic. The employer share of 12% splits as 8.33% to EPS (capped at ₹15,000 wage), 3.67% to EPF, plus 0.5% EDLI and 0.5% admin charges.
No. Professional tax is levied only by certain states under Article 276 of the Constitution, capped at ₹2,500 per year. States imposing professional tax include Maharashtra, Karnataka, Tamil Nadu, Telangana, West Bengal, Gujarat, Andhra Pradesh, Odisha and Madhya Pradesh. States not imposing professional tax include Delhi, Haryana, Punjab, Uttar Pradesh, Uttarakhand and Rajasthan. The rate varies by salary slab and is paid by the employer to the state government on behalf of the employee.
Common hidden EOR costs include: one-time setup fees (₹0 to ₹40,000 per hire), security deposit equivalent to one to three months of total cost (refundable but ties up cash), FX markup of 1-3% on currency conversion when paying from USD, off-cycle payroll surcharges of ₹5,000 to ₹15,000 per payment, termination handling fees, equipment shipping of ₹15,000 to ₹40,000 per laptop, and benefits broker markups of 10-15% on insurance premiums. Insist on a sample invoice.
Gratuity equals last drawn wages times 15 divided by 26 times completed years of service. Under the Code on Social Security 2020 effective 21 November 2025, the wages base is broadened — basic plus dearness allowance plus retaining allowance, with the 50% rule: allowances exceeding 50% of CTC are added to wages. Fixed-term employees become eligible after one year (down from five). Companies must accrue 4.81% of wages per month as gratuity provision in financial statements.
Termination requires compliance with notice periods specified in the employment contract — typically 30 to 90 days for white-collar roles. The Industrial Relations Code 2020 requires written notice and payment in lieu of notice if waived. Severance includes accrued leave encashment, pro-rata bonus, gratuity if eligible, and any contractual severance. EOR providers handle the formal termination process but the foreign company decides timing and pays the costs. Termination cost typically equals one to three months of total compensation.
EOR providers typically do not directly administer foreign-parent ESOPs but coordinate with the foreign company to capture ESOP perquisite value in monthly payroll for TDS purposes under Section 17(2)(vi). The employee pays tax on the perquisite value (FMV at exercise less exercise price) at applicable income tax slab rates. The EOR ensures correct TDS deduction and Form 16 reporting. ESOPs are paid in cash by the foreign company; the EOR books the perquisite, deducts tax, and remits.
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