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Running HR without an HR department in India

Mellow Editorial·5 min read

Reviewed by Mellow Editorial Team, HR & payroll content team

Running HR without a dedicated HR department is entirely manageable for small businesses in India — provided you know which legal obligations are non-negotiable and build simple systems to stay on top of them.

Know what the law actually requires of you

India's four consolidated Labour Codes — the Code on Wages, the Industrial Relations Code, the Code on Social Security, and the Occupational Safety, Health and Working Conditions Code — have been in force from 2025. They replace a patchwork of older legislation and, in most cases, simplify compliance. As an employer, your baseline obligations include paying wages on time, making provident fund and ESI contributions, deducting the correct income tax at source, and maintaining basic employment records.

The good news: you do not need a full-time HR professional to meet these requirements. You need accurate information, a consistent process, and the discipline to follow it.

Get payroll right from day one

Payroll is where most small employers slip up. The core mechanics are straightforward:

- EPF: deduct 12% of basic wages from the employee's salary and contribute a matching 12% as employer. Register on the EPFO portal and file monthly returns.

- ESI: applies to employees whose wages fall below the notified threshold. Contributions are split between employer and employee. Register on the ESIC portal separately from EPF.

- Income tax (TDS): deduct tax from salaries based on each employee's estimated annual income under the applicable slab. Under the new regime, slabs rise to a 30% rate, a section 87A rebate applies for lower incomes, and a 4% health and education cess is added on the tax payable. File Form 24Q every quarter and issue Form 16 to each employee before the filing deadline in June.

One practical tip: ask each new joiner to submit their investment declarations and proof of savings at the start of the financial year. This prevents a last-minute rush in February and March when you need to adjust TDS deductions.

Write down your basic policies — even if they are one page each

When there is no HR department, institutional knowledge lives in people's heads. That is a liability. A short written policy for each of the following areas costs almost nothing to create and prevents repeated disputes:

- Leave: how many days, which categories (earned, sick, casual), how far in advance to apply, whether encashment is permitted.

- Working hours and overtime: particularly relevant now that the Labour Codes have standardised definitions of "worker" and working time.

- Reimbursements: what is covered, what documentation is required, within how many days it is processed.

- Grievance handling: who does an employee speak to if they have a complaint, and what happens next.

You do not need a 40-page employee handbook. A single document with clear, plain-language sections is enough for a team of up to 30 or 40 people.

Handle onboarding as a compliance checkpoint

Every new hire generates a set of legal tasks that need completing within specific windows. Treating onboarding as a checklist rather than an informal welcome process protects you later.

At minimum, collect: Aadhaar, PAN, a cancelled cheque or bank account details, and a signed offer letter or employment agreement that states the designation, CTC, notice period and applicable policies. Register the employee for EPF and ESI before the first payroll cycle closes.

The employment agreement matters more than most founders realise. It is your primary protection if a dispute arises around non-disclosure, IP ownership, or the notice period. A templated agreement reviewed once by a labour lawyer is a one-time cost that covers every subsequent hire using that template.

Know when to bring in outside help

Running HR yourself does not mean doing everything yourself. There are specific tasks where professional input is worth the cost:

- Labour law compliance audit: once a year, a brief review by a compliance consultant can catch registration gaps (Shops and Establishments, Professional Tax, Contract Labour Act applicability) before they become penalties.

- Gratuity planning: gratuity becomes payable after five years of continuous service. If you have employees approaching that mark, model the liability now rather than absorbing a surprise payout later.

- Terminations: India's Labour Codes govern termination procedures for workers in certain categories. Before you issue a termination letter, understand which code applies to that employee's role and what process is required.

For the day-to-day, a good payroll software or a payroll partner who handles compliance filings removes the highest-risk manual steps without requiring you to hire a full-time specialist.

Keep a compliance calendar

Missed deadlines in payroll and labour law result in interest, penalties, and — in some cases — personal liability for directors. A simple shared calendar with the following recurring dates will prevent most common errors: monthly EPF and ESI payment deadlines, quarterly TDS filing dates for Form 24Q, annual Form 16 issuance, and the due date for your state's Professional Tax returns if applicable.

Compliance in India is largely a matter of rhythm. Once a consistent monthly and quarterly routine is in place, the effort required to maintain it drops significantly.

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