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flag India India: Operating a Business

Setting Up a Company | Working Conditions | Cost of Labor | Social Partners

Setting Up a Company

Legal Business Entities

Types of Companies and Capital (Max/Min) Number of Partners/Shareholders and Liability
Sole Proprietorship
 
No minimum capital
One
 
Unlimited liability.
Partnership
 
No minimum capital
Minimum number is 2, while as the maximum number can be 10 in case of banking business and 20 in all other types of business.
 
Liability of the partners is unlimited.
Private Limited
 
Minimum paid up capital of INR 100,000
Minimum number is 2, while as the maximum number can be 50
 
Limited liability to the amount contributed.
Public Limited
 
Minimum paid up capital of INR 500,000
Minimum number is 7; while as there is no limit on the maximum number of members/shareholders.
 
The liability of a member is limited to the face value of the shares he owns.
Co-operative
 
No minimum capital requirement
Minimum number is 10; while as there is no limit on the maximum number of members. However, the members must be residing or working in the same locality.
 
The liability of a member is limited to the extent of his capital contribution.
Hindu United Family Business (HUF)
 
No minimum capital
All members of a Hindu undivided family can do business jointly under the control of the head of the family who is known as the 'Karta'. The members of the family are known as 'Co-parceners'.
 
The Karta has unlimited liability while the liability of the other members is limited to the value of their individual interests in the joint family.
 
The Competent Organization
Registrar of Companies (ROC)

Company Law Board

 
Setting Up a Company India South Asia
Procedures (number) 12.0 7.1
Time (days) 29.0 24.6

Source: Doing Business.

 
Business Setup Procedures
Consult Doing Business Website, to know about procedures to start a Business in India.
Ministry of Corporate Affairs, List of registered Certified Filing Centres.
Kerala Trade Register

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Working Conditions

Legal Weekly Duration
Maximum 48 hours (9 hours a day).
Retirement Age
It varies from 58 to 65 years. Early retirement schemes called Voluntary Retirement Scheme (VRS) also exist in the country.
Working Contracts
1. Permanent (more than 90%)
2. Temporary
3. Fixed-term

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Cost of Labor

Minimum Wage
From April 1, 2011 the National Floor Level of Minimum Wage has been raised to INR 115 per day.
Average Wage
On an average, the industrial wages range from about USD3 per day for unskilled workers, to over USD150 per month for skilled production workers.
Social contributions
Social Security Contributions Paid By Employers:

 

Contributions by Employer

Provident Fund

3.67% of monthly payroll, plus 1.1% of monthly payroll for administrative costs.

Survivor (deposit-linked) Insurance

0.5% of monthly payroll, plus 0.01% of monthly payroll for administrative costs.

Pension

8.33% of monthly payroll.

Gratuity

An average of 4% of monthly payroll.

Social Assistance

None


Social Security Contributions Paid By Employees:

 

Contributions by Employee

 Contributions by Government

 

Provident Fund

12%

None

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Social Partners

Social Dialogue and Involvement of Social Partners
With some exceptions, India has company unions rather than trade unions. These are often affiliated with national labor organizations. Political parties promote various trade unions. The bargaining power of the unions is declining as the government pushes forward its reform agenda.
Unions
Unionization Rate
Although there are more than 7 million unionized workers, unions represent less than 25% of the workers in the organized sector (primarily in state-owned organizations), and less than 2% percent of the total work force.
Labor Regulation Bodies
Ministry of Labor and Employment

Labor Bureau


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Last Updates: January 2012