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Hiring Staff in India as a Hong Kong-Owned Company: Employment Contracts, Provident Fund, ESI, Gratuity and Labour Codes

By Abhishek Jaiin, Chartered Accountant (ICAI membership no. 544646), AU Corporate · Last updated 26 October 2026

Short answer

An Indian subsidiary hires staff under Indian law on a written appointment letter. Payroll brings income tax deduction under Section 392, provident fund and ESI where thresholds are met, gratuity after the qualifying service, professional tax in some states and compliance with the labour codes, which were reported to have come into force on 21 November 2025. Hong Kong employers should expect differences from home practice: notice and termination rules, statutory benefits, wage payment dates, leave and sexual harassment compliance. Use a written contract with confidentiality and intellectual property clauses and keep an employee handbook.

← Back to the complete guide: How to Set Up a Subsidiary in India from Hong Kong

Key facts

ContractWritten appointment letter with role, pay, notice, confidentiality and IP terms
Income taxTDS on salary by the 7th of the following month; Form 16 after year end
Provident fundEPF registration for covered establishments; employer and employee contributions; return by the 15th
ESIEmployees below the wage ceiling; contributions by the 15th
GratuityPayable after the qualifying service period; fixed-term employees may qualify earlier under the codes
Labour codesWages, Social Security, Industrial Relations, Occupational Safety codes reported in force from 21 November 2025; confirm rules in your state
Shops and establishmentsState registration, working hours, leave, holidays
POSHInternal committee for sexual harassment complaints for 10 or more employees

The employment contract

  • State the role, place of work, salary components, probation, notice period and termination terms.
  • Include confidentiality, intellectual property assignment, and conflict of interest clauses.
  • Restrictive covenants after employment are limited in India; a non-compete after the end of employment is generally unenforceable, so rely on confidentiality and non-solicitation drafted carefully.
  • Use Indian stamp rules, state shops law and the holidays list in the handbook.

Payroll and statutory deductions

ItemRule in outlineDue
Income tax on salarySection 392 of the Income-tax Act, 2025; deduct at average rate7th of next month; quarterly return
EPFEmployer and employee contributions on wages15th of next month
ESIFor employees below the ceiling15th of next month
Professional taxState law, where applicablePer state schedule
GratuityOn the qualifying period of serviceOn exit
Bonus and leaveAs per the applicable code and state lawAs per policy and law

Differences from Hong Kong practice

  • Hong Kong's Mandatory Provident Fund is replaced in India by the EPF with a different structure.
  • Termination in India often needs notice or pay in lieu and, for larger establishments, extra procedures; check the code for your headcount.
  • Working hours, leave and holiday rules come from the state shops law and the codes.
  • Indian employees expect a clear title, grade and annual increment cycle; plan compensation accordingly.

Posting Hong Kong staff

For employees sent from Hong Kong, see Hong Kong employees in India and relocating Hong Kong staff.

Cost planning

Budget for salary, employer provident fund and ESI, gratuity, bonus, insurance and recruitment. ₹10 lakh is about HK$83,000 at an indicative ₹12.07 per Hong Kong dollar (15 October 2026 interbank rate; check the live rate before remitting). See the compliance calendar for due dates.

Official sources

Check the rules at the primary sources: Income Tax Department (India), Reserve Bank of India, Ministry of Corporate Affairs, Inland Revenue Department (Hong Kong), Companies Registry (Hong Kong) and the Ministry of External Affairs (India).

Frequently asked questions

Do I need an employment contract in India?

Yes, a written appointment letter is standard and needed for clarity on pay, notice and confidentiality.

Is provident fund mandatory?

For covered establishments, yes. Check the thresholds and apply for registration early.

Who deducts income tax on salary?

The employer, under Section 392 of the Income-tax Act, 2025, depositing by the 7th of the following month.

Can I include a non-compete clause?

A post-employment non-compete is generally not enforceable in India, so use confidentiality and carefully drafted non-solicitation terms.

Have the labour codes taken effect?

They were reported to be in force from 21 November 2025. Confirm the rules and state notifications that apply to you.

Do I need a sexual harassment committee?

Employers with 10 or more employees must form an Internal Committee under the POSH Act.

How does this differ from Hong Kong?

Provident fund, termination, leave and wage-payment rules differ. Use Indian counsel for the handbook and contracts.

See all 157 FAQs →Plain answers on incorporation, FEMA, tax, hiring and exit.

Sources

← Back to the complete guide

Last updated 26 October 2026. General information only, not legal or tax advice. Indian and Hong Kong rules change often; confirm current requirements before acting.

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