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ESSENTIALS

Essentials before you hire in India

Every rule comes with its source and date, marked Official or Example.

Know this before you hire in India

  • Since 21 Nov 2025 labour law sits in four codes, but the real rules are those of the state where your site is
  • If basic + DA is under 50% of total pay, the shortfall is treated as wages
  • PF ceiling ₹25,000 (from 17 Sep 2026), ESIC for ₹21,000 or less; both due on the 15th every month
  • Final settlement for leavers within 2 working days; salaries before the 7th of the next month
  • Staff seconded from Korea get 5 years' exemption from Indian PF with a National Pension certificate of coverage
· ShifteePayOfficial

The 50% wage rule

Wages are basic pay, DA and retaining allowance. If the 11 excluded items, such as HRA, overtime and commission, add up to more than 50% of total pay, the excess is added back to wages.

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· KredilyExitOfficial

Gratuity

Last wage × 15/26 × years of service. 5 years for permanent staff; fixed-term staff get it pro rata after 1 year. Capped at ₹20 lakh.

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· Bae, Kim & Lee (BKL)Working hoursOfficial

Working hours & overtime

8 hours a day, 48 a week; overtime needs consent, double the ordinary wage and records. Rules allow up to 12 hours a day including breaks.

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· Bae, Kim & Lee (BKL)Contract labourOfficial

Rules on contract and agency labour

With 50+ contract workers in the past 12 months you need registration and a licence. If a subcontractor fails to pay wages within 7 days, the principal employer may have to pay.

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checked· IncorpXPOSHOfficial

POSH: prevention of sexual harassment

Every workplace with 10+ staff needs an Internal Committee, a written policy, annual training and an annual report. Breaches cost ₹50,000; repeats double the fine and can cancel the licence.

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· ShifteeLeaveOfficial

Maternity protection

Maternity benefit up to 26 weeks (up to 8 weeks before birth), 6 weeks for miscarriage, 2 weeks for tubectomy, and 1 extra month for complications.

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· India Law OfficesVisasOfficial

Employment visa & FRRO

Annual pay above US$25,000, skilled staff, sponsored by an India-registered company. Visas over 180 days need FRRO registration within 14 days of arrival.

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checked· National Pension Service (Korea)Social securityOfficial

Korea–India Social Security Agreement

Staff seconded by a Korean company for up to 5 years are exempt from Indian PF once the National Pension certificate of coverage is submitted to EPFO. It can be extended if both countries agree.

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· ShifteeLabour relationsOfficial

Strike notice duty

At every industrial establishment, strikes need written notice at least 14 days and within 60 days ahead. They're banned during conciliation or adjudication and for a period after.

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Essentials · Adullam HR & Legal