Country HR Guide

HR Management in India

Since 21 November 2025, India's four Labour Codes on wages, industrial relations, social security and occupational safety have replaced 29 older central labour laws. States still set minimum wages and many day-to-day rules. Here is what employers need to know about leave, pay, tax and ending employment.

Currency Indian Rupee (INR)
Capital New Delhi
Languages Hindi, English
Maximum week 48 hours
Employer provident fund 12%
Figures last reviewed September 2026.

Leave entitlements

Leave rules come from the Labour Codes and from each state’s Shops and Establishments Act, so entitlements for office staff can differ from state to state. Many employers offer more than the minimums.

1 day / 20
Annual leave

Under the OSH Code, 1 day of paid leave for every 20 days worked, once the worker has worked 180 days in a year. State laws for shops and offices may be more generous.

Varies
Sick and casual leave

Set by state Shops and Establishments Acts, commonly a handful of days each a year. Employees covered by ESI receive sickness benefit from the ESI scheme.

26 weeks
Maternity leave

Paid by the employer at the average daily wage after 80 days of work in the preceding 12 months. Up to 8 weeks can be taken before the birth.

None
Statutory paternity leave

No statutory paternity leave in the private sector. Many employers offer it by policy.

More about maternity benefit
  • Third and later children – women with two or more surviving children get 12 weeks.
  • Adoption and surrogacy – 12 weeks for adopting a child under 3 months and for commissioning mothers.
  • Work from home – can be agreed after maternity leave where the work allows.
  • Crèche – establishments with 50 or more employees must provide or arrange crèche facilities.

Unused annual leave can be carried forward, generally up to 30 days, and must be encashed when employment ends.

How IceHrm helps

Set up each Indian leave type in IceHrm, from earned leave to casual and sick leave, with its own accrual, carry forward and approval rules, and use leave groups to apply different rules to offices in different states. Employees see their live balance before they apply, and managers see who is away on a shared calendar. Leave management →

Pay & working hours

The Code on Wages gives every employee a legal right to a minimum wage. The central government sets a national floor wage, and each state fixes minimum wages at or above it by skill level and geographical area, usually with a dearness allowance revised twice a year.

By state
Minimum wage

Set by each state for unskilled, semi-skilled, skilled and highly skilled work. Check the current notification for each work location.

48 hours
Maximum working week

Normally 8 hours a day. Daily hours and spread-over limits are set in state rules.

2×
Overtime rate

Overtime must be voluntary and paid at at least twice the normal rate of wages.

Paying employees
  • Monthly wages must be paid by the 7th day of the following month.
  • “Wages” for social security and gratuity must be at least 50% of total pay; excluded allowances above that are added back.
  • A statutory bonus of 8.33% to 20% of wages applies to employees earning up to ₹21,000 a month.
  • Deductions from wages are limited to those the Code on Wages permits.
How IceHrm helps

Capture attendance and overtime in IceHrm and feed the hours straight into payroll, so double-rate overtime reflects what was actually worked. Time & attendance →

Income tax

From 1 April 2026 personal income is taxed under the Income-tax Act, 2025. The new tax regime is the default; employees can opt for the old regime with its deductions instead. Employers deduct tax at source (TDS) from salary each month and issue an annual TDS certificate.

New tax regime rates for tax year 2026–27 (1 April 2026 to 31 March 2027), unchanged by the February 2026 Budget. Plus 4% health and education cess, and a surcharge on income above ₹50 lakh.
Taxable incomeRate
Up to ₹4,00,000Nil
₹4,00,001 – ₹8,00,0005%
₹8,00,001 – ₹12,00,00010%
₹12,00,001 – ₹16,00,00015%
₹16,00,001 – ₹20,00,00020%
₹20,00,001 – ₹24,00,00025%
Above ₹24,00,00030%

Under the new regime, salaried employees get a ₹75,000 standard deduction, and a rebate of up to ₹60,000 means no tax is payable on taxable income up to ₹12 lakh.

Employer payroll costs

On top of salary, employers contribute to the Employees’ Provident Fund (EPF) and, for lower earners, Employees’ State Insurance (ESI), and must budget for gratuity and statutory bonus.

12%
Employer provident fund

Of basic wages, matched by 12% from the employee. 8.33% of wages up to ₹15,000 a month goes to the pension scheme (EPS), plus small EDLI and admin charges.

3.25%
Employer ESI

For employees earning up to ₹21,000 a month, with 0.75% from the employee. Covers medical care, sickness and maternity benefits.

15 days / year
Gratuity

15 days’ wages per completed year of service, paid when employment ends, capped at ₹20 lakh.

Some states also levy a professional tax (withheld from salary, up to ₹2,500 a year) and labour welfare fund contributions.

How IceHrm helps

Build Indian pay the way you already structure it, with your own salary components, deductions and formula columns, such as basic, HRA, EPF and ESI columns. Want to know how well IceHrm handles payroll calculations for India? Contact us or see Payroll →

Ending employment

Protection depends on whether the employee is a “worker” under the Industrial Relations Code (broadly, non-managerial staff and supervisors below a wage threshold). For managerial staff, the employment contract largely governs termination. Misconduct dismissals require a fair internal inquiry.

Common ways employment ends
  • Resignation by the employee
  • Mutual separation
  • Expiry of a fixed-term contract
  • Dismissal for misconduct after an inquiry
  • Retrenchment
  • Retirement or superannuation
Notice period
Wages can be paid in lieu of notice. State Shops and Establishments Acts can add their own notice requirements.
SituationNotice
Retrenchment of a worker with 1 year or more of service1 month
Retrenchment in industrial establishments with 300+ workers3 months, with prior government permission
Managerial and other employeesAs per contract
Termination payments
Final wages must be paid within 2 working days of removal, dismissal, retrenchment or resignation.
PaymentWhen it appliesAmount
Retrenchment compensationWorker with at least 1 year of service15 days’ average pay per completed year of service
Worker re-skilling fundRetrenchment15 days’ wages paid by the employer into the fund
GratuityAfter 5 years of service (1 year for fixed-term employees)15 days’ wages per year, up to ₹20 lakh
Leave encashmentAll leaversUnused accrued annual leave

Public holidays

India has 3 national holidays that apply everywhere. Each state adds its own list of festival and regional holidays, and establishments must usually grant a set number of them each year under state law.

Republic Day26 January
Independence Day15 August
Gandhi Jayanti2 October

Commonly observed festival holidays include Holi, Eid, Diwali and Christmas, along with state days such as May Day or regional new year festivals. Dates for most festivals follow lunar calendars and change every year.

How IceHrm helps

Leave groups give each office its own holiday calendar, so teams in Bengaluru, Mumbai and Delhi each get their state’s festival holidays automatically. Holiday calendars →

Hiring & contracts

Under the Labour Codes every employee must receive an appointment letter. Fixed-term employment is allowed across all sectors, with the same wages and benefits as comparable permanent staff.

Registrations and onboarding
  • Establishment registration – under the Labour Codes and the state Shops and Establishments Act.
  • EPF and ESI – register the employer and link each employee’s Universal Account Number (UAN).
  • PAN and tax regime – collect the employee’s PAN and their choice of tax regime for TDS.
  • Health check-ups – employees aged over 40 are entitled to a free annual health check-up.
What an appointment letter should cover
  • Job title and category of skill
  • Start date and contract type
  • Wages and components
  • Place of work
  • Working hours
  • Leave entitlements
  • Social security coverage
  • Probation period
  • Notice and termination terms
  • Confidentiality and IP
Probation

Probation is not regulated by statute. Periods of 3 to 6 months are common, with a shorter notice period during probation set in the appointment letter.

How IceHrm helps

Send appointment letters for e-signing, store them on the employee’s record, and track onboarding steps like UAN linking and PAN collection with task lists so nothing is missed. Documents & e-signing →

Official sources Disclaimer

This guide is general information to help you plan HR processes, not legal, tax or financial advice. Employment law and rates change regularly and awards, enterprise agreements and state rules may give employees more than the minimums shown here. Always confirm current requirements with the official sources or a qualified adviser.

Manage your India workforce with IceHrm

Configure leave types, accrual rules and public holidays for India, keep employee records and contracts in one place, and run payroll with your own salary components. Want to know how IceHrm handles payroll calculations for India? Talk to us.

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