Hiring Differently Abled Talent in India: A Compliance First Approach with EORs

India is making steady strides toward building a more inclusive workforce, yet differently abled individuals continue to face systemic challenges in employment. For global companies and startups aiming to build diverse and equitable teams in India, understanding the local compliance framework is key. This is where Employer of Record (EOR) India services like those offered by Momentum91can make a transformative difference.

Why Focus on Differently Abled Talent?

According to the 2011 Census, over 2.21% of India’s population lives with a disability. However, the employment rate among them remains disproportionately low due to lack of accessibility, stigma, and limited outreach by employers.

Organizations that tap into this overlooked talent pool not only contribute to social impact but also benefit from:

• Higher employee loyalty and retention
• Broader perspectives and problem solving
• Enhanced employer brand

Legal Protections for Differently Abled Individuals in India

India's Rights of Persons with Disabilities Act (RPWD Act), 2016 lays the groundwork for non-discriminatory employment. Key highlights include:

• Reservation of at least 4% of government jobs for persons with benchmark disabilities
• Protection against discrimination in private sector hiring
• Mandatory accessibility features in the workplace
• Equal opportunity policy requirements for organizations

Failure to comply with these regulations can lead to reputational and legal risks for employers.

The EOR Advantage: Simplifying Compliance and Hiring

Hiring differently abled talent in India involves navigating various statutory and regulatory complexities. This is where an EOR like Momentum91 becomes a vital partner.

1. Streamlined Hiring with Legal Compliance

An EOR in India acts as the legal employer for your hires. Momentum91  ensures that all employment contracts, policies, and practices are fully compliant with Indian disability laws.

• Drafts offer letters and employment agreements that include equal opportunity clauses
• Ensures payroll is compliant with social security contributions and accessibility allowances
• Handles tax deductions, PF, ESI, and other benefits as per law

2. Custom Accessibility and Inclusion Policies

Every differently abled employee may require a different set of accommodations. Momentum91 works with client companies to:

• Craft personalized inclusion and accessibility policies
• Ensure remote work or hybrid setups meet accessibility standards
• Provide feedback mechanisms for differently abled employees

3. Avoiding Misclassification and Legal Penalties

Sometimes companies unknowingly misclassify differently abled individuals as freelancers or contractors to avoid compliance. This not only violates Indian labor laws but also limits the rights of these individuals.

Through Employer of Record India services, companies can:

• Classify talent correctly as full-time employees
• Offer the same benefits and protections as for other staff
• Build a legally sound and inclusive team structure

Supporting Disability Inclusion Through EOR Payroll and Benefits

EORs simplify payroll management, ensuring that differently abled employees receive the benefits they are entitled to, such as:

• Statutory health insurance (ESI)
• Provident fund (PF) contributions
• Transport or accessibility allowances
• Maternity or paternity leave provisions

Momentum91  further enables:

• Access to accessible payroll portals
• Employee onboarding assistance tailored for cognitive or physical needs
• Inclusion of mental health and wellness resources

Case Example: Hiring a Visually Impaired Software Tester

A UK-based SaaS company needed to onboard a visually impaired QA tester from Hyderabad. With Momentum91  India support, the company:

• Drafted inclusive job descriptions
• Onboarded the tester with accessible tools and resources
• Ensured the workspace met the visual accessibility standards
• Managed all statutory payroll, tax, and benefit processes seamlessly

The result: a productive hire, enhanced team diversity, and zero compliance concerns.

Building a Culture of Accessibility and Respect

Legal compliance is the foundation, but true inclusion goes beyond that. EORs help global companies build a culture of empathy and support.

Momentum91  offers:

• Diversity training workshops
• Consultation on digital and physical accessibility
• Feedback loops to improve inclusion policies

By making inclusivity a strategic priority, companies gain access to loyal and high-performing talent.

Conclusion: EOR India as a Gateway to Inclusive Employment

Hiring differently abled talent in India requires care, compliance, and commitment. Employer of Record India services like those provided by Momentum91 empower companies to take that step with confidence.

From legal compliance and policy development to onboarding and payroll, EORs provide the infrastructure businesses need to build truly inclusive teams in India.