CONVINUS Global Mobility
CONVINUS Global Mobility Insights - Herbst / Fall 2025 Such contracts typically specify job roles, salary, benefits, leave entitlements, confidentiality, notice period, and grounds for termination. For foreign nationals, it is essential to have a detailed contract, as it is often required for work visa applications. 3. Work Visas for Foreign Nationals Foreign nationals intending to work in India must secure an appropriate visa, usually an Employment Visa (E-Visa). Key points include: Eligibility: The applicant must have a valid job offer and the necessary qualifications or experience. Sponsorship: The Indian employer usually acts as a sponsor for the visa. Duration: Employment visas are typically valid for one year or the term of the contract, whichever is less, and can be extended. Registration: Foreigners staying for more than 180 days must register with the Foreigners Regional Registration Office (FRRO). Engaging in employment without a valid visa is illegal and could result in heavy penalties or deportation. 4. Taxation All individuals earning income in India are subject to Indian tax laws. Key points: PAN Card: Employees must obtain a Permanent Account Number (PAN) for tax purposes. Tax Deduction at Source (TDS): Employers deduct income tax at the source. Double Taxation Avoidance Agreement (DTAA): For foreign nationals, India has treaties with several countries to avoid double taxation on the same income. 5. Social Security and Benefits Employees in India are entitled to certain social security benefits, including: Provident Fund (PF): A retirement savings scheme. 32
CONVINUS Global Mobility Insights - Herbst / Fall 2025 Employee State Insurance (ESI): Health insurance for employees earning below a certain threshold. Gratuity: A lump sum paid at the end of employment, subject to eligibility criteria. Foreign nationals from countries with a bilateral Social Security Agreement (SSA) with India may be exempt from some of these contributions. 6. Equal Opportunity and Anti-Discrimination Laws India enforces several laws to ensure workplaces are free from discrimination based on gender, caste, religion, or disability. This includes: Equal Remuneration Act, 1976 Rights of Persons with Disabilities Act, 2016 Sexual Harassment of Women at Workplace Act, 2013 7. Termination and Exit Procedures Employers and employees must follow legal procedures during termination, including notice periods, payment of outstanding dues, and documentation. Wrongful termination can attract litigation and compensation. Conclusion Understanding the legal framework for working in India is crucial for compliance and harmonious workplace relations. Both employees and employers should stay updated with current laws, as employment legislation is subject to periodic amendments. For specific queries, it is advisable to consult a qualified legal or labour law expert. Contact: Formula Group 27, Community Center, East of Kailash, +91-9650003642 Delhi, Delhi 110065 New India enquiry@formulaindia.com formulaindia.com 33
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