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Kunal Dhang
Dear All,

Greetings of the day.

We have planned to transfer a few of our existing employees to our affiliate company, where we have 51% share holding.
Can anybody please suggest as to how the transfer be made smoothly without arising any conflicts in the employees who would be transferred.

Regards,
Kunal Dhang

From India, Kolkata
nanu1953
336

To avoid transfer conflicts you may take the following steps:-

1.0 Date of Joining should continue as per record of old organization to new organization. The employee should not get less Gratuity due to transfer.

2.0 Remuneration package under any circumstances should not be less than existing rather something extra for transfer.

3.0 Existing leave rule should not be changed along with to transfer all accumulation leave.

4. If the new organization has different PF Code, arrange to transfer existing PF accumulation to new Code properly.

5. If the other service conditions - canteen facility, Co's car etc.etc. are same or better, there will be no issue. But if it is not equivalent to existing, better to compensate other way.

6. Communicate with the concerned employees transparently explaining the whole thing to take them in to confidence.

Apply common sense to find any other points and act accordingly.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531

USD HR Solutions – To Strive towards excellence with effort and integrity

From India, New Delhi
Kunal Dhang
Dear Mr. Bandyopadhyay,

Thank you so much for sharing the details.

However, points mentioned in 2.0 & 6.0 are taken care of. But, the affiliate organization is not yet being registered under PF, as it is in the very initial phase. Although the offer we made is higher than the CTC which the concerned are currently receiving and the entire CTC will be there take home salary after deduction of relevant professional tax.

From India, Kolkata
nanu1953
336

Dear Mr. Kunal,

I have no idea how many employees will be transfer from old organization to new organization. If after the transfer and inclusive of little number of employees in new organization including contractual employees, if total employee strength is 20 and more - PF, ESIC & Gratuity will be applicable from day one.

How do u calculate CTC without PF ( Whether Gratuity has been considered or not ) will be more than existing is not clear to me.

To my opinion all the points as I have mentioned earlier should be taken care otherwise it will not be justice to the employees and if there is any union (s) , they may raise dispute.

If u change the service conditions it is also essential to put one notice under Sec-9A of ID Act for the knowledge of all employees.

Thanks & Regards,

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531

USD HR Solutions – To Strive towards excellence with effort and integrity

From India, New Delhi
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