Dear Seniors,
1)what are the areas we should keep in mind when we transfer employees from one company to another group company where the promoters are same and it is public limited company.
2) Here the situation is like this: we have two companies named A and B . Company A is a established 22 years back and the few promoters started company B from last one year both are public limited but we would like to transfer employees from Company A to Company B from Management staff & workmen category who is having rich experience in the same manufacturing process.
Following employees are working from last one year physically at new site and some are completely and few are whenever services required but they are as on date in old company payroll:
GM – Operations – working from 22 years in A Company
Asst.Manager – QC - working from 16 years in A company
Electrical – In charge – working from 20 years in A company
Technical Assistants – working from 12 years in A company
So what are the things to be kept in mind when we transfer permanently to new company and how to return back the amount of salaries which paid to emp by old company for services rendered in new company for last one year.
From India, Karimnagar
231)what are the areas we should keep in mind when we transfer employees from one company to another group company where the promoters are same and it is public limited company.
2) Here the situation is like this: we have two companies named A and B . Company A is a established 22 years back and the few promoters started company B from last one year both are public limited but we would like to transfer employees from Company A to Company B from Management staff & workmen category who is having rich experience in the same manufacturing process.
Following employees are working from last one year physically at new site and some are completely and few are whenever services required but they are as on date in old company payroll:
GM – Operations – working from 22 years in A Company
Asst.Manager – QC - working from 16 years in A company
Electrical – In charge – working from 20 years in A company
Technical Assistants – working from 12 years in A company
So what are the things to be kept in mind when we transfer permanently to new company and how to return back the amount of salaries which paid to emp by old company for services rendered in new company for last one year.
From India, Karimnagar
Dear Sripad Kumar,
When both the Companies belonging to the same group are willing for the transfer of personnel from the old Company to the new one, there will be no problem in the creation of mutually agreeable terms and conditions in so far as the Companies are concerned.
However, the willingness of the employees chosen to be transferred should first be ascertained and obtained in writing. There may be ample reasons for hesitation or unwillingness in their minds because of relocation, promotional avenues, managerial attitudes of the Board of Directors of the new Company, future prospects of the new venture etc,.In view of their experience ranging from 12 to 22 years, some of them may be willing for superior designations with higher responsibilities and higher salaries. Some of them may, out of caution, prefer not permanent transfer but only temporary deputation keeping their lien.
Any way, the willing persons can be transferred to the new or Transferee Company with continuity of service and all the conditions of service not atleast less favourable than in the Transferor Company.In that case, the terminal benefits and social security benefits should also be transferred forthwith to the accounts of the Transferee Company. Otherwise, if the employees so willing , their accounts may be settled by the Transferor and their service with the Transferee may start afresh.
The new Company may be asked to reimburse the entire amount of salaries plus proportionate indirect commitments spent so far on the employees lent.
From India, Salem
When both the Companies belonging to the same group are willing for the transfer of personnel from the old Company to the new one, there will be no problem in the creation of mutually agreeable terms and conditions in so far as the Companies are concerned.
However, the willingness of the employees chosen to be transferred should first be ascertained and obtained in writing. There may be ample reasons for hesitation or unwillingness in their minds because of relocation, promotional avenues, managerial attitudes of the Board of Directors of the new Company, future prospects of the new venture etc,.In view of their experience ranging from 12 to 22 years, some of them may be willing for superior designations with higher responsibilities and higher salaries. Some of them may, out of caution, prefer not permanent transfer but only temporary deputation keeping their lien.
Any way, the willing persons can be transferred to the new or Transferee Company with continuity of service and all the conditions of service not atleast less favourable than in the Transferor Company.In that case, the terminal benefits and social security benefits should also be transferred forthwith to the accounts of the Transferee Company. Otherwise, if the employees so willing , their accounts may be settled by the Transferor and their service with the Transferee may start afresh.
The new Company may be asked to reimburse the entire amount of salaries plus proportionate indirect commitments spent so far on the employees lent.
From India, Salem
Now employee transferred to new company ,Benefits should also be transferred forthwith to the accounts of the Transferee Company.Can Old company give terminated latter ?When old company is Private Limited and new company is Public Limited .
From India, Mumbai
From India, Mumbai
Dear Awasthi,
Whatever be the type of constitution of the old and new companies since the transfer of service is effected with continuity of service and all attendent benefits with the consent of the transferor and transferee companies and the employees as well, I think no necessity for a termination orders of services.
From India, Salem
Whatever be the type of constitution of the old and new companies since the transfer of service is effected with continuity of service and all attendent benefits with the consent of the transferor and transferee companies and the employees as well, I think no necessity for a termination orders of services.
From India, Salem
Old company already sent termination latter .This latter is legal ? I have received salary from new company (with salary slip and PF ) last 9 Months.Old company employee is show on line nill .Termination latter sign new comany employee (H.R.).This H.R. employee alredy joined new company to direct .
From India, Mumbai
From India, Mumbai
If your previous company transferred all your service particulars and benefits for the service rendered to the new company and you have got documentary evidence for the same, no problem.
From India, Salem
From India, Salem
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