EOR from China to India.
Hire Indian talent from the CN without setting up an Indian entity. TMS is the legal employer of record, on the ground in India since 2006. Skip the setup cost and the 90-day delay.
Hire in India without an Indian entity.
An Employer of Record (EOR) is a locally established company that legally employs staff in India on your behalf. Your team member reports to you day to day, works on your projects, and represents your brand. The employment contract, payroll, PF, ESI, professional tax, gratuity, and TDS filings all sit with TMS as the on-record employer in India.
CN companies choose EOR when they want a small India team quickly, when the cost and timeline of incorporating an Indian subsidiary do not fit the plan, or when the hire is exploratory and they want optionality. TMS has been running payroll and compliance in India since 2006, so onboarding a CN client’s first India hire is a well-worn path, not a first attempt.
On permanent establishment: Because TMS is the legal employer, an EOR structure is commonly used to reduce permanent-establishment (PE) risk in India. PE and tax outcomes depend on your specific activities in India, so please confirm your position with your own tax advisor before you rely on it.
Everything a CN client needs, handled in India.
You get one commercial contract with TMS. We handle the India-side employment stack end to end.
Legal employer of record
TMS is the on-record employer in India, holding the employment contract and statutory registrations.
Payroll and statutory compliance
Monthly payroll with PF 12% employer, ESI 3.25% employer and 0.75% employee where applicable, professional tax, LWF, gratuity provisioning, and TDS filings.
Offer letters, contracts, onboarding
India-compliant offer letters and appointment letters drafted to your role scope and comp structure.
IP and confidentiality assignment
IP assignment and NDA clauses in the India employment contract so ownership of work product stays with your CN entity.
Reimbursements and benefits admin
Expense reimbursements, mediclaim enrolment, leave records, and standard benefits administration in one flow.
Full and final settlements
Exit processing, gratuity, unused leave encashment, and clean F&F closure when a team member moves on.
Why CN companies choose India via TMS EOR.
Time-zone overlap that works
India IST gives you a productive overlap window with CN ET in the morning and CN PT in the late evening. Handoff-friendly for engineering and ops.
English-fluent talent pool
Engineering, product, finance, and customer operations talent that already works in English on CN and EU projects.
Skip nine months of setup
An Indian subsidiary takes many months and meaningful capital to stand up. EOR compresses that into weeks so hiring is not gated by incorporation.
CN-friendly reporting cadence
Monthly reporting and invoicing designed for CN finance teams, in a format your controller can reconcile.
When EOR fits, and when incorporation fits.
A quick side-by-side to help you decide which path suits the stage you are in.
| Dimension | TMS EOR | Your own Indian subsidiary |
|---|---|---|
| Setup time | Days to a few weeks | Typically several months, often two to three quarters |
| Setup cost | No incorporation spend, service fee model | Legal, registration, capital, and advisory fees |
| Legal employer | TMS holds the employment contract in India | Your Indian subsidiary is the employer |
| Ongoing compliance | TMS handles PF, ESI, PT, LWF, TDS, filings | Your team, plus retained tax and payroll partners |
| Ideal for | 1 to 50 hires, testing the market, early builds | 50+ hires, long-horizon India investment, GCC |
| Time to first hire | Weeks once contract is signed | After incorporation, bank account, and registrations |
Four steps from scoping call to steady state.
Scoping call
Roles, comp, benefits, and India location. We map cost to CTC and service fee.
Offer and contracts
India offer letter and employment contract issued, CN client MSA signed with TMS.
Onboarding and registrations
Statutory onboarding, PF and ESI enrolment, ID setup, and equipment coordination.
Steady-state payroll
Monthly payroll, filings, reimbursements, and a single point of contact for the CN team.
How TMS EOR pricing works.
Pricing is per employee per month and transparent. Each monthly invoice is built from three parts: the employee CTC that passes through to your team member, the statutory loading (employer PF, ESI where applicable, gratuity provisioning, admin charges), and the TMS service fee. You see the split every month, so there are no bundled numbers to reverse engineer.
The service fee depends on headcount, role mix, and India locations. We quote after a short scoping call so the number reflects your actual plan, not a placeholder. If you want a rough number before you talk to us, you can estimate your cost with the EOR calculator.
Ready to hire Indian talent from the CN?
Send us the role and rough comp band. We will come back with an EOR quote and a first-hire timeline.
Also useful for CN companies expanding to India.
PEO India
Co-employment option for clients with an Indian entity that still want compliance support.
Read more →Payroll outsourcing
Standalone India payroll processing and statutory filings without the EOR wrapper.
Read more →India business expansion
Advisory on entity setup, GCC build-out, and the EOR-to-subsidiary transition.
Read more →Common questions from CN buyers.
Do I need an Indian entity to hire via TMS EOR?
No. TMS is the legal employer in India, so you do not need to incorporate to make your first India hires. You keep the working relationship, we hold the employment contract.
How fast can we onboard our first India hire?
Once the MSA is signed and the candidate accepts, onboarding typically runs in a few weeks, depending on background checks, notice period, and statutory enrolments. We share a hire-by-hire timeline in the scoping call.
Who is the legal employer of the person we hire?
TMS is the legal employer of record in India. The employment contract, payroll, statutory contributions, and filings sit with TMS. Day-to-day work direction, priorities, and reviews sit with your CN team.
What does TMS handle on statutory compliance?
Employer PF at 12%, ESI at 3.25% employer plus 0.75% employee where wage ceilings apply, professional tax by state, LWF, gratuity provisioning, TDS deduction and deposit, and the associated monthly and annual filings.
How does permanent establishment (PE) risk work with EOR?
Using an EOR is commonly viewed as a way to reduce PE exposure in India because the local employer is TMS, not your CN entity. PE turns on facts and circumstances, including the activities your team performs in India, so please treat this as general information and confirm your specific position with your tax advisor.
What does the pricing model look like?
Monthly per-employee invoicing with three transparent components: employee CTC, statutory loading, and TMS service fee. We quote the service fee after a scoping call that captures roles, comp bands, and India locations.
Can we transfer EOR staff to our own entity later?
Yes. Many CN clients start on EOR, incorporate an Indian subsidiary once headcount justifies it, and transfer the team across. We support that transition, including F&F closure on the TMS side and clean handover of records to your entity.
Which CN industries do you support?
SaaS and software, engineering services, fintech, healthtech, ecommerce, media, and professional services are the most common. If the role is legal to perform in India and the comp structure is workable, we can usually support it.
Talk to a TMS EOR specialist.
Tell us how many people you need to hire in India and when. We will come back with a quote, a hire timeline, and answers to the questions your finance and legal teams will ask.
This page is general information, not legal or tax advice.