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India: Recruitment and selection

Original author: Kochhar & Co
Updating author: Trilegal
Consultant editor: AZB & Partners

See the legal services provided by the authors/consultant editors of XpertHR International > India, including any discounts/offers for subscribers.

Summary

  • Recruitment and selection procedures are largely at employers' discretion and are subject to few specific statutory rules. (See General)
  • Employers are prohibited from discriminating in recruitment against women, people with disabilities, people who are HIV positive and transgender persons. (See Discrimination)
  • Private-sector employers with 25 or more employees are required to notify job vacancies to their local employment exchange, although are not obliged to recruit through this channel. (See Advertising vacancies)
  • Employers are not generally required to issue an offer letter to prospective employees (although they often do). However, in some states, employers in shops and commercial establishments must provide new employees with a letter of appointment. (See Job offers)
  • The employment of children under the age of 14 years is generally prohibited, while the employment of adolescents (those aged 14 to 17 inclusive) is subject to various special rules and forbidden in certain hazardous occupations and processes. (See Young people and children)
  • Employers must obtain job applicants' consent where background checks involve the collection of any sensitive personal information. (See Background checks)
  • Foreign nationals require a valid "employment visa" to work in India, and such visas are granted only to highly skilled and/or qualified professionals. (See Foreign nationals)
  • Cross-border secondments of employees between Indian and foreign companies are reasonably common and their terms are normally governed by a tripartite secondment agreement between the companies concerned and the employee. (See International secondment)
  • "Workmen" who have been retrenched must be given priority for re-employment by their employer if it later recruits to fill the same positions. (See Priority for employment)