A German company can hire full-time employees in India without setting up a legal entity by using an Employer of Record (EOR) like TMS. TMS becomes the legal employer in India, handles payroll, statutory compliance, and benefits, while your team manages day-to-day work — typically live within 48 hours.
Why German companies hire from India through an EOR
- Acute skills shortage at home. Germany’s Fachkräftemangel (skilled-worker shortage) is the most documented in Europe — IT and engineering roles routinely sit unfilled for 6+ months. India removes that bottleneck.
- Engineering depth that matches German standards. India produces ~1.5 million STEM graduates annually. SAP, Bosch, Siemens, and Deutsche Bank have run India engineering centres for decades — the talent pool understands German engineering rigour.
- Cost arbitrage. A senior engineer in Bangalore, Hyderabad, or Pune costs 30-45% of an equivalent hire in Munich, Berlin, or Frankfurt for comparable skill.
- Time-zone overlap. India is 3.5-4.5 hours ahead of CET. A 9am Munich start is 12:30pm in Bangalore — full overlap for the German afternoon.
- Avoiding the 4-6 month India entity setup with its ₹15-35 lakh first-year cost.
How EOR Germany to India works
- TMS is the legal employer of record in India. Employee signs an Indian employment contract with TMS. TMS issues offer letter, pays salary in INR, deducts statutory taxes, files all returns.
- You retain operational control. Day-to-day work, performance, projects, goals stay with your German team. Governed by a Master Services Agreement (MSA).
- No Indian permanent establishment for your German GmbH. Because TMS is the employer, your German entity does not create taxable presence in India.
- Your payment to TMS is a deductible service expense in Germany, invoiced in EUR or INR by agreement.
Roles German companies typically place on TMS payroll
- Software engineers (backend, full-stack, frontend, mobile) — by far the largest category.
- SAP and enterprise systems consultants — Germany’s industrial base runs on SAP; India has the deepest SAP talent pool globally.
- DevOps, SRE, platform engineering — strong India talent pool, time-zone overlap.
- Data engineers, ML, AI engineers — growing fast in Bangalore, Hyderabad, Pune.
- Mechanical engineering / CAD support — for automotive, machinery, industrial automation clients.
- Finance, accounting, controlling — for German companies that want India back-office to support their European accounting.
- Customer support and technical account management — for English-speaking customer bases.
The TMS 5-step onboarding process
- MSA and scope agreement — commercial terms, IP assignment, confidentiality, exit provisions.
- Candidate sign-on — Indian employment offer letter, KYC, PAN, Aadhaar, prior-employer relieving letter, bank details.
- Statutory enrollment — EPF, ESI (if applicable), professional tax, gratuity nomination.
- Payroll setup and first salary credit — CTC structured (basic, HRA, special allowance, employer-EPF, gratuity provision).
- Monthly compliance and reporting — EPF, ESI, PT, TDS, quarterly statutory returns. Single consolidated invoice.
We deploy talent in 48 hours.
EOR vs setting up your own India entity (GmbH-Indien)
For the first 1-25 hires, EOR overwhelmingly wins.
Real first-year cost of an Indian entity: – Registrations and legal: ₹3-12 lakh (incorporation, FDI/FEMA, PAN, TAN, GST, EPF, ESI, professional tax per state, RoC filings, legal review). – Operational setup: ₹15-35 lakh (~€16,000-€38,000) — statutory auditor, payroll software, HRMS, compliance consultant, banking and FX setup. – Time to operational: 4-6 months minimum. – Ongoing: 80-150 hours/month of HR + compliance work.
EOR through TMS replaces all of that with a single per-employee fee, 48-hour deployment, zero PE risk, and one-line accounting on your German books.
When EOR fits: 1-25 employees in India, market-test phase, multi-country expansion. When to consider transitioning: 30+ India headcount, Indian directorial presence on roadmap, strategic IP held by Indian subsidiary. TMS supports the EOR-to-entity transition as a standard service.
FAQ
Do I need a Tochterunternehmen in India to hire engineers there?
No. Through an EOR like TMS, you can hire full-time Indian employees without registering an Indian company. TMS is the legal employer; you are the operational manager.
How fast can a new hire be live on TMS payroll?
For candidates you have already identified, TMS deploys talent in 48 hours.
Who is the legal employer — TMS or my GmbH?
TMS. The Indian employee signs an Indian employment contract with TMS. This eliminates Indian permanent-establishment risk for your German entity.
Can I convert my EOR hires to my own Indian entity later?
Yes. TMS supports EOR-to-entity transition as a standard service. We preserve EPF continuity, gratuity tenure, and employee experience.
How does GDPR apply to India-based TMS employees handling EU customer data?
Your GmbH remains the data controller for any EU/UK personal data. India operates under the Digital Personal Data Protection Act 2023 (DPDP). TMS-side employment contracts include confidentiality and IP-assignment clauses; data-handling controls (access, training, monitoring) sit with you as controller. India-EU data transfer relies on Standard Contractual Clauses or adequacy assessment under your DPA.
Can my India team work German business hours?
Yes — and naturally so. India is 3.5 hours ahead of CET (4.5 ahead during CEST). German morning starts give India a full afternoon overlap; many teams work 1pm-10pm IST for maximum German overlap.
How are India statutory benefits handled?
TMS administers EPF (12% employer + 12% employee), ESI where applicable, professional tax, gratuity (4.81% provision), paid leave per the applicable Shops & Establishments Act, and maternity benefits. All compliance is on TMS’s books.
What does TMS NOT handle?
TMS handles employment, payroll, statutory compliance, and benefits. Not in scope: IP assignment specifics (in MSA), employee equity/RSU administration (your equity admin), individual income tax filing for German persons, work-visa processing for travel to Germany, and direct contracting that bypasses TMS as employer of record.
Illustrative engagement — German engineering Mittelstand hiring an India team
A German Mittelstand mechanical engineering company decides to build a 6-person India team — 4 CAD/PLM engineers + 2 SAP consultants — to support their European operations. They want to be operational in 4 weeks.
- Week 0: MSA signed. Salary bands agreed (₹16-28 lakh for CAD engineers, ₹25-45 lakh for senior SAP consultants).
- Weeks 1-3: All 6 hires deployed within 48 hours of each acceptance.
- Month 2: Full team live on TMS payroll, working 1pm-10pm IST for German afternoon overlap. The GmbH has zero direct India statutory exposure, zero PE risk.
- Month 15: Team expands to 22 people across CAD, SAP, and finance back-office. The company decides to formalize an Indian Pvt Ltd entity. TMS coordinates the transition over 90 days.
Hiring in India from Germany?
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