Hi everyone, I'm working for a new IT company in China in the HR department. Since we are going to set up a branch company in India, I'm wondering if anyone could tell me how to set HR policies for our Indian branch company according to the Labor Laws in India? This includes the general leave policy in India, policies for contracts, etc.

Alternatively, could anyone provide me with a link to detailed employee rights from official websites, please?

Thank you in advance.

From China, Beijing
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Hello Ying,

Welcome to CiteHR!!!

In general, the labor laws are also combined with the respective state (in your terminology, province) laws when being put into practice. Also, there are other laws that need to be adhered to, like the Gratuity Act, Provident Fund, etc., which are uniformly applicable across the country.

Giving a single/standard law would be misleading as well as misguiding.

I presume you have already handled the Income Tax, Services Tax, and other statutory laws that need to be adhered to, since you haven't mentioned them in your posting.

However, in practice, there are a number of variations/flexibilities depending on the sector that one operates in.

A better way for you would be to first identify the location where you wish to open your India office; then the exact laws that will apply can be zeroed in.

Also, some of the laws have recently been changed/modified after the Modi government took over.

However, I suggest you hire some local consultant who can guide you accurately and ensure you don't waste your time (and money) running around.

As a preliminary step, here is a link that should give you an idea about how to go about: [https://www.citehr.com/108238-complete-indian-labour-laws-payment-wages.html](https://www.citehr.com/108238-complete-indian-labour-laws-payment-wages.html)

You can use the "research" facility at the top of this page to dig in more details, but again, you might need help to figure out what actually applies to you—the reason a local consultant may be better.

Regards,

TS

From India, Hyderabad
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