Can a foreign company hire in India without an Indian entity?
For contractors and agencies, yes. You contract with them directly. For employees, Indian payroll, provident fund and tax registrations need an Indian employer, so you would use your own
Indian subsidiary or an employer of record. We draft the employment documents for either route. Tax and permanent-establishment questions are for your tax adviser.
Who owns the code an Indian freelancer writes for me?
The freelancer owns it until they sign a written assignment. The assignment must name the work, the rights, the duration and the territory. Without those details, Indian law fills the gaps in ways that rarely suit a foreign company. See the
IP assignment guide.
Can I use my existing contract template to hire in India?
Often not on its own. Clauses on IP, non-competes, termination and governing law usually need to change. We review your template and tell you what to change, or draft a new Indian-law version.
Is a non-compete enforceable in India?
A non-compete that applies after employment ends is generally void under Section 27 of the Indian Contract Act. Restrictions during employment are valid. We protect you with confidentiality, IP assignment and notice terms instead.
How do I hire a developer in India legally?
Decide whether the person is a freelancer, part of an agency, or an employee. Then sign the matching contract before work starts, with a written IP assignment, confidentiality terms and payment terms, and make sure the label matches how the person actually works. We recommend the structure and draft the contract.
How do I pay an independent contractor in India?
You pay under the contract, usually against invoices in an agreed currency. The contract should set the currency, the invoice process, who bears bank charges and taxes, and what happens on late payment. How the payment is taxed is a question for your tax adviser.
Can I treat my developer in India as a contractor?
Only if the relationship really is one. India looks at control, not the label. A person who works set hours under your direction may be treated as an employee. See
contractor or employee in India.
Which law should govern the contract?
For contractors and agencies, a foreign governing law is often possible, but enforcing it against someone in India can be slow. Arbitration with a clear seat is usually more practical. For employees working in India, Indian law applies whatever the contract says.
Do the agreements need stamp duty?
Many do. Stamp duty depends on the state and the type of document, and an unstamped document may not be admitted as evidence until duty and a penalty are paid. We tell you what applies to your documents.
Do you handle payroll, employer of record services or immigration?
No. We draft and advise on the contracts and the Indian-law points around them. Payroll, employer of record services, tax filings and immigration are handled by other providers, and we can work with the ones you use.
Do you advise on the law of my own country?
How long does it take, and what does it cost?
You get a fixed fee within 2 hours of sending the details, with no hourly billing. Most single agreements are ready in 2 to 4 days. A full set for a new team takes a little longer, and we confirm the timeline in the quote