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Hiring your first employee: the compliance you can't skip

PF, ESI, professional tax, offer letters and payroll structure — set up once, correctly.

Rohit Menon · Chartered Accountant 28 Apr 2026 7 min read

Registrations triggered by headcount

  • EPF: mandatory at 20 employees; voluntary registration earlier is common and helps hiring.
  • ESI: mandatory at 10 employees, covering those earning up to ₹21,000 gross a month.
  • Professional tax: state-specific, usually from the first employee.
  • Shop & Establishment: from day one in most states.

Structure the salary before you offer it

Keep basic pay at 40–50% of CTC. Too low invites scrutiny and pushes up gratuity risk later; too high inflates PF cost for both sides. Split the rest across HRA, special allowance and reimbursements that are genuinely paid.

Paperwork that protects you

  • Written offer and appointment letter with notice period and IP assignment.
  • Confidentiality clause — essential if the employee touches customer data or code.
  • Monthly payslips and a Form 16 at year end; both are legally expected, not optional.

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