Chartered Accountants◆Practising since 2016

USA to India · Hiring

Hiring in India for a US company

CA Utsav Dogra, Chartered Accountant, ICAI M. No. 542375 · Updated

In brief

Hire through the Indian company on Indian contracts under the labour codes in force since 21 November 2025, or through an employer of record until the company is ready. US employment terms do not carry over: notice, benefits, IP and termination follow Indian law.

What is specific to US companies

India has no at-will employment, so US-style offer letters must be rewritten with notice, cause and gratuity terms. Teams working US hours need shift allowances, transport arrangements and state permission for night work, which are easy to miss.

India has no at-will employment: termination follows the contract, notice rules and the labour codes, so US-style offer letters must be adapted.

Our services

How SU and Company helps

We set up and run Indian payroll, including for staff sent from abroad.

  • PF, ESI and state registrations
  • Salary structures under the labour codes
  • Monthly payroll, TDS and returns
  • Shadow payroll and Indian tax for secondees
  • Certificates of coverage and international worker PF

Questions

Can staff be hired before the company exists?

Yes, through an employer of record, with a planned transfer to the company later.

General information as at 5 November 2026, not advice for a particular case. Indian and US rules change often; confirm the current position before acting. US law points should be confirmed with a US adviser.

Queries

Send the firm a query

Tell us briefly what you need. A member of the team will get back to you.

We use your details only to respond to your query. See our privacy policy.

Call