Employee relocation to India is the process of transferring staff between the company’s international offices and its India-based ones. This is usually done as a necessity, in order to use valuable employees in an Indian branch or subsidiary.
The employee transfer process observes both the company’s internal policies for transfer and training, as well as the general employment policies and laws applicable in India. In most cases, employee relocation to India involves full-time employees, and the relocation period can vary (no less than 12 months, or project-based, as the need may be).
Business owners interested in personnel relocation to India can reach out to our local team of lawyers in India who specialize in employment law and labour issues.
Working in India
A company that engages in the relocation of all or part of its staff to India will need to do so based on the work visa requirements.
Personnel relocation to India is possible when the foreigners coming to work in the country do so with a valid employment visa. This is not granted for jobs for which qualified Indians are available for employment, nor for secretarial job openings (among others). Moreover, a foreign national working in India will have an annual salary above a pre-determined amount.
The employment visa is issued by the Indian embassy or consulate in the foreign employee’s country of origin. Our lawyers in India can give you complete information about the documents required for the visa, as well as those for taking up residency in India.
The package prepared for employee relocation to India will keep in mind not only the minimum wage rates but also any bonuses or allowances the company offers for the purpose of this transfer. Companies commonly offer this, as part of their efforts to bring valuable employees to India. The conditions for the reimbursement are determined by the employer.
Relevant issues concerning personnel relocation to India
When relocating staff to India, the local rules for minimum wages, work hours, leave, benefits, and health and safety at the workplace will apply.
Relevant issues that fall onto the employer include:
- The employment agreement: concluded between the employer and the employee, signed and/or amended accordingly before the commencement of the relocation process;
- Wages: the employer will need to observe the minimum wage in place for hiring foreign staff under the employment visa;
- Safety and health: proper policies for the management of safety and health risks in the workplace need to be in place, as per the laws in force;
- Social security: the employer makes contributions to health insurance and medical benefits, as well as disability and maternity benefits, and the pension or the employees’ provident fund.
Our lawyers in India can give you more details on the current policies set forth by the Ministry of Labour and Employment. Our team provides assistance in drawing up and concluding employment agreements, as well as offers ongoing representation in all cases involving labour law issues.
Immigrants in India
Some of the largest and most densely populated cities in the world are located in India. The country has become the home of many foreign nationals, most coming from neighbouring countries. Although the actual number of immigrants varies and continues to increase, our team summarizes below data released by the United Nations on the number of migrants according to their countries of origin:
- Bangladesh: 2,488,000;
- Pakistan: 833,000;
- Nepal: 734,000;
- Total: 4,879,000.
The information above is part of the information provided by the United Nationals Population Division, according to its International Migrant Stock, 2020 data.
If you would like to know more about immigration to India, our local team of lawyers can answer your questions.
Contact us if you are an employer interested in employee relocation to India, or if you have other questions about work and residence permits. Our team will provide you with the needed answers, and assistance upon request, according to your country of origin.