Guide · Updated June 2026

Hire developers in India

A practical guide to the legal, tax, and operational considerations of hiring software developers in India — written for engineering leaders at US, UK, and EU companies expanding into the Bangalore hub.

1. Three legal structures for hiring in India

US and European companies have three routes to put an Indian engineer on the team. Pick the one that matches the size of the bet you're making.

  • Recruit & engage as an independent contractor. Lowest friction, fastest start. The engineer raises an invoice each month; you wire payment. This is how most teams hire their first 1–5 developers in India. Aura Recruitment Solutions operates here — we introduce the candidate; you contract directly.
  • Employer of Record (EOR). A local entity employs the developer on your behalf, handles payroll, PF (Provident Fund), professional tax, and statutory benefits. Better for teams of 5+ or roles that need formal benefits.
  • Set up an Indian subsidiary (GCC). A Global Capability Center — your own legal entity in Bangalore, Hyderabad, or Pune. Worth it past ~30 engineers, or when you need long-term IP centralization.

2. Tax, PF, and payroll basics

If the engineer is engaged as an independent contractor, they handle their own income tax (filed under section 44ADA for most software professionals) and GST registration above the ₹20 lakh annual threshold. You pay a clean monthly invoice — no withholding on your side, no PF, no gratuity.

Under an EOR or your own entity, you're responsible for: monthly TDS (tax deducted at source), 12% employer PF contribution, professional tax (varies by state — Karnataka caps at ₹2,400/year), and gratuity accrual after five years of service. Budget roughly 15–18% on top of gross salary for statutory costs.

3. IP protection and confidentiality

Indian contract law (Indian Contract Act, 1872) recognizes work-for-hire assignments and NDAs. Three clauses are non-negotiable in every engagement:

  • IP assignment — all code, designs, and derivative works vest with you on creation, not on payment.
  • Confidentiality — survives termination for at least three years; covers source code, customer data, and architecture.
  • Jurisdiction — Indian engineers are usually comfortable with English-law or Delaware-law contracts when the company is non-Indian; specify the seat of arbitration (Singapore and London are common).

Non-compete clauses beyond the term of employment are generally unenforceable under section 27 of the Indian Contract Act, so don't rely on them — rely on confidentiality and IP assignment instead.

4. Why Bangalore (and where else to look)

Bangalore is the deepest pool of senior engineering talent in Asia — over 1.5 million software professionals, every major cloud and AI vendor, and a working culture that's been remote-fluent since 2020. Salaries for senior engineers land between $35,000 and $70,000 USD per year, roughly a third of comparable US compensation.

Hyderabad and Pune are credible alternatives with slightly lower compensation and less competition. Chennai is strong for systems and embedded work. For data and AI specifically, Bangalore still dominates.

5. Timezone overlap and remote setup

India Standard Time (IST) is UTC+5:30. Practical overlap windows:

  • UK / Europe — full overlap on a 1pm–9pm IST schedule.
  • US East Coast — 4–6 hours overlap on a 2pm–10pm IST schedule (covers your morning).
  • US West Coast — 4 hours overlap with engineers who flex to a 5pm–1am IST schedule, common at senior levels.
  • Australia (AEST) — full overlap on a 9am–5pm IST schedule.

Senior Indian engineers typically own their own laptop, monitor, and a professional home office with power and internet redundancy — table stakes after five years of distributed work. Expect them to plug into your Slack, GitHub, and stand-ups on day one with no equipment shipped from your side.

6. How to evaluate Indian developers

The Indian market is large, which means the variance between candidates is large too. A defensible interview loop looks like:

  • CV screen against real-world stack (not certifications).
  • Async take-home or live pair-programming — not LeetCode puzzles.
  • System design at the level the role actually requires.
  • Communication and collaboration check with the hiring manager — this is the single highest-signal stage for distributed roles.
  • Reference checks with at least one past tech lead.

A good recruiting partner runs the first three before you ever see a CV.

7. Common pitfalls

  • Salary anchoring. Don't quote in INR — quote in USD or GBP. The rupee fluctuates; senior engineers expect a hard-currency anchor.
  • Notice periods. Indian employment contracts often have 60–90 day notice periods. Factor this into start dates.
  • Public holidays. India has 12–15 regional public holidays per year, more than most Western teams. Plan capacity accordingly.
  • Payment friction. SWIFT wires from the US can take 3–5 days and skim 2–4% in FX. Wise, Deel, or a payroll provider is cleaner.

Frequently asked questions

Is it legal for a US or UK company to hire developers in India without a local entity?
Yes. The most common route is to engage the engineer as an independent contractor and pay against a monthly invoice. No Indian entity, no Indian payroll, and the engineer handles their own income tax and (above ₹20 lakh) GST. For teams of five or more, an Employer of Record adds payroll, PF, and statutory benefits without you setting up a subsidiary.
What does a senior software developer in India cost in 2026?
Senior engineers (5–8 years of experience) range from roughly $35,000 to $70,000 USD per year all-in, depending on stack, city, and your hiring route. Specialist AI/ML and platform engineers run higher. Add 15–18% for statutory costs if you employ via an EOR; contractor engagements have no employer overhead.
How do I protect IP when hiring Indian developers remotely?
Use a written engagement with three core clauses: present-tense IP assignment (work vests with you on creation), a confidentiality covenant that survives termination, and a clear governing-law and arbitration seat (English law / Singapore arbitration is common for non-Indian companies). Don't rely on post-termination non-competes — section 27 of the Indian Contract Act generally makes them unenforceable.
Do Indian developers work US or European timezones?
Yes — at senior levels it's standard. Full overlap with UK, EU, Dubai, and Australia is straightforward; US East Coast gets a 4–6 hour daily overlap; US West Coast typically lands a 4-hour overlap when the engineer flexes to a 5pm–1am IST schedule.
Do I need to ship a laptop or set up equipment for an Indian developer?
No. Senior Indian engineers work on their own laptop and home setup, with power and internet redundancy. You provide tool access (Slack, GitHub, your cloud) and they're productive on day one.

Want a shortlist this week?

We're a recruiting partner — not a staffing agency. Tell us what you're building and we'll introduce pre-vetted Indian engineers matched to your stack and timezone. You only pay our fee after a 1-month trial.

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