EOR India for UK Companies — How to Hire Without Setting Up an Indian Subsidiary

UK companies come to India for the same reasons as their US counterparts — strong engineering talent, significant cost advantages, and a large English-speaking professional workforce. The challenge is the same too: hiring someone in India legally requires navigating Indian employment law, statutory contributions, and tax deductions that most UK finance and HR teams have no experience with. EOR solves this without requiring your own Indian subsidiary.

Why UK Companies Hire in India

The India talent market offers UK companies something that is genuinely hard to find elsewhere — a large pool of English-speaking professionals with strong technical and analytical skills at a cost that is 60 to 70% lower than equivalent UK talent. For UK companies in FinTech, professional services, technology, and media, this combination is compelling.

The time zone overlap between UK and India is also workable. IST is 4.5 hours ahead of GMT in winter and 3.5 hours ahead during BST in summer. A UK team starting at 9am has a solid three to four hour overlap with India working hours each morning — enough for daily standups and real-time collaboration without requiring the India team to work unusual hours.

India also has deep talent in functions that UK companies increasingly want to offshore — financial analysis, software engineering, data science, customer operations, and content production. The depth of the talent pool in these areas, particularly in Bangalore, Hyderabad, and Pune, is substantial.

Setting Up an Indian Subsidiary — Why Most UK Companies Don't Start There

Incorporating a Private Limited Company in India takes four to six months. The process involves filing incorporation documents with the Ministry of Corporate Affairs, obtaining a company PAN and TAN, opening a corporate bank account, registering for GST if applicable, and completing Provident Fund and ESI registration. You need at least two directors, one of whom must be an Indian resident.

Beyond incorporation, running an Indian subsidiary carries ongoing compliance obligations — annual ROC filings, statutory audit, income tax returns, PF and ESI monthly filings, professional tax, and additional FEMA reporting requirements for cross-border transactions with the UK parent. The annual recurring cost of compliance, excluding headcount, typically runs ₹4 to 8 lakh per year for a small subsidiary.

For UK companies hiring their first two to five people in India, this overhead is disproportionate. EOR removes it entirely — you pay a flat monthly fee per employee and XMS manages all compliance.

How EOR Works for UK Companies

The structure is simple. You identify the person you want to hire — through XMS recruitment or your own sourcing. XMS issues the employment contract under Indian law, registers the employee for Provident Fund and ESI where applicable, sets up monthly payroll with TDS deductions, and handles all statutory filings. The employee is legally employed by XMS in India.

You pay XMS monthly — invoiced in GBP or USD, whichever you prefer — and the invoice covers the employee's gross salary, employer statutory contributions, and the XMS service fee. The employee receives their salary in Indian rupees. You manage their day-to-day work, performance, and business direction completely.

What UK Finance and HR Teams Need to Know

Indian payroll is processed in INR. The functional currency of your India operation is Indian rupees. Your UK finance team will need to account for currency translation and the forex rate movement when reporting India costs in GBP. XMS invoices you in your preferred currency and provides monthly reports in both INR and your reporting currency.

Benefits expectations differ from the UK. Indian employees do not expect the same statutory benefits as UK employees — there is no equivalent of sick pay or statutory annual leave legislation that matches UK standards. However, Indian employment law does mandate Provident Fund, ESI for eligible employees, earned leave, and gratuity after five years. XMS manages all of these as part of the standard EOR service.

Employment contracts must follow Indian law. UK-style employment contracts do not apply to India employees. XMS issues employment contracts that are compliant with Indian labour law — covering notice period, compensation structure, leave entitlement, and termination conditions. These cannot simply be translated versions of your UK contracts.

Exit timelines are longer. Notice periods in India are typically sixty to ninety days for experienced professionals. When an employee resigns, you are contractually obligated to honour the notice period or pay in lieu. This is different from the one-month standard that most UK employers are used to.

UK to India — Cost Comparison

A mid-level software engineer in London earns £65,000 to £90,000 per year plus employer National Insurance contributions of approximately 13.8% on earnings above £9,100. Total employer cost: £75,000 to £105,000 per year, or roughly £6,250 to £8,750 per month.

The equivalent in Bangalore costs ₹28L to ₹38L CTC annually — approximately £26,000 to £35,000 at current exchange rates. Add XMS EOR fees of ₹8,000 per month (approximately £75) and total monthly cost is approximately £2,250 to £3,000. That is a saving of 65 to 70% on equivalent engineering talent.

For senior profiles — staff engineers, finance managers, data scientists — the India cost runs higher: ₹40L to ₹60L annually, or £3,100 to £4,700 per month via EOR. UK equivalent would be £8,000 to £12,000 per month all-in.

Transitioning from EOR to Your Own India Entity

Most UK companies use EOR for twelve to thirty-six months before considering their own India subsidiary. The decision point is typically at fifteen to twenty employees, when the cumulative EOR fees start approaching the cost of incorporating and running your own entity. XMS advises honestly on this — if your team size justifies the switch, we will tell you and help you plan it.

The transition from EOR to your own entity needs to be managed carefully to avoid gaps in PF coverage and ensure employment continuity for your team. See our detailed guide on transferring employees from EOR to your own India entity.

Ready to hire in India without setting up a company?

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Common Questions

Can a UK company hire in India without setting up a subsidiary?+
Yes. UK companies use India EOR to employ staff legally without their own Indian entity. XMS employs workers under Indian law, handling PF, ESI, TDS, and all statutory compliance. The UK company pays XMS monthly and directs the work of the employees.
What is the time zone overlap between UK and India?+
IST is 4.5 hours ahead of GMT (winter) and 3.5 hours ahead during BST (summer). A UK team starting at 9am GMT has a working overlap with India business hours each morning — enough for daily collaboration without requiring unusual hours from the India team.
How much does it cost to hire an engineer in India as a UK company?+
A mid-level software engineer in Bangalore costs approximately ₹28L to ₹38L CTC annually — roughly £26,000 to £35,000. Add XMS EOR fees of approximately £75 per month and total monthly cost is £2,250 to £3,000. The UK equivalent for the same profile costs £6,250 to £8,750 per month.
Do Indian employees have the same employment rights as UK employees?+
No. Indian employment law has its own framework — different notice periods (60 to 90 days is standard), different leave entitlement, Provident Fund instead of pension contributions, and different termination procedures. UK-style employment contracts do not apply. XMS issues India-compliant employment contracts as part of the standard EOR service.
When should a UK company set up its own India subsidiary?+
The typical trigger is fifteen to twenty employees, when EOR fees approach the cost of incorporating and running your own Indian subsidiary. Below that, EOR is faster and cheaper. XMS helps plan and execute the transition when the time is right.

Related reading:

→ XMS EOR India → EOR India Complete Guide → EOR vs Entity India