Dear All,
Can you please share your thoughts and links describing the role of HR specifically in legal and statutory compliances to be handled during mergers and integrations? Please confirm:
1. The end-to-end process details
2. The forms and the other supporting documents to be submitted related to M&A for PF/ESIC/Gratuity/Factory license/S & E, etc.
Thanks in advance,
Piyali
From India
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Can you please share your thoughts and links describing the role of HR specifically in legal and statutory compliances to be handled during mergers and integrations? Please confirm:
1. The end-to-end process details
2. The forms and the other supporting documents to be submitted related to M&A for PF/ESIC/Gratuity/Factory license/S & E, etc.
Thanks in advance,
Piyali
From India
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Continuity of service of the employees is to be protected during merger acquisition.
Inform the Factories Act, ESI, and PF authorities about the merger along with a copy of the Board resolution for the merger, duly attested by the Company Secretary.
Action planned for continuous process integration of policies and procedures into the new system.
From India, Madras
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320Inform the Factories Act, ESI, and PF authorities about the merger along with a copy of the Board resolution for the merger, duly attested by the Company Secretary.
Action planned for continuous process integration of policies and procedures into the new system.
From India, Madras
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Dear Colleague,
In addition to what our learned colleague mentioned:
In M&A, the Company Secretariat, Finance, Technical Team, and HR have to work jointly in general.
HR used to focus on:
1. Take a full stock of Organization's Blueprint - Number of employees, Number of Unions.
2. Details of Settlements that are prevailing and due for renewal if any.
3. List of approvals like Plans approval, Registration, Site Appraisal of the Plant, Local Body approvals, Licenses, Registrations, and so on.
4. Take stock of Financial Commitment - Contingent Liability from HR Angle for any pending Industrial Disputes, Bonus dues, PF Dues, ESI Dues, Wages dues, Minimum Wages compliance and if gaps what is the commitment for the past, Gratuity actuarial for past liability, Increments if any committed but not done and volume of financial commitment involved and such other list of financial impacts.
5. Pending Cases, Industrial Disputes, Enquiry notices, litigations pending, and the SWOT of those matters.
6. Assessment on the Workplace Industrial Relations Climate and action plan.
7. Plans on Communication Strategy to employees and how to streamline the Working Class further.
8. Terms of employment, Code of Conduct, Standing Orders, and how they are implemented now and what is proposed.
9. Total Blueprint of SWOT of the Unions, Local Community, Employees, and Stakeholders.
10. An Audit by your Company on the HR Process, IR Process, Compliance status to assess the gaps if any well in advance.
11. Comparison Viz Approvals, Licenses, and actuals and process to follow.
12. Any past commitments made in writing by the other Management and what are the list and impacts in the near future.
13. How to rationalize the Manpower to the expected level if there is excess manpower on board.
14. Meeting with the Local Authorities under different Acts - Factories Act, Mines Act, PF, ESI, Contract Labour, and to assess gaps if any.
15. Third Party Risk Assessment Audit on HR/IR/Compliance.
These are some of the usual practices we adopt in our previous companies which might be useful on a few points for you also.
From India, Chennai
Acknowledge(0)Amend(0)
In addition to what our learned colleague mentioned:
In M&A, the Company Secretariat, Finance, Technical Team, and HR have to work jointly in general.
HR used to focus on:
1. Take a full stock of Organization's Blueprint - Number of employees, Number of Unions.
2. Details of Settlements that are prevailing and due for renewal if any.
3. List of approvals like Plans approval, Registration, Site Appraisal of the Plant, Local Body approvals, Licenses, Registrations, and so on.
4. Take stock of Financial Commitment - Contingent Liability from HR Angle for any pending Industrial Disputes, Bonus dues, PF Dues, ESI Dues, Wages dues, Minimum Wages compliance and if gaps what is the commitment for the past, Gratuity actuarial for past liability, Increments if any committed but not done and volume of financial commitment involved and such other list of financial impacts.
5. Pending Cases, Industrial Disputes, Enquiry notices, litigations pending, and the SWOT of those matters.
6. Assessment on the Workplace Industrial Relations Climate and action plan.
7. Plans on Communication Strategy to employees and how to streamline the Working Class further.
8. Terms of employment, Code of Conduct, Standing Orders, and how they are implemented now and what is proposed.
9. Total Blueprint of SWOT of the Unions, Local Community, Employees, and Stakeholders.
10. An Audit by your Company on the HR Process, IR Process, Compliance status to assess the gaps if any well in advance.
11. Comparison Viz Approvals, Licenses, and actuals and process to follow.
12. Any past commitments made in writing by the other Management and what are the list and impacts in the near future.
13. How to rationalize the Manpower to the expected level if there is excess manpower on board.
14. Meeting with the Local Authorities under different Acts - Factories Act, Mines Act, PF, ESI, Contract Labour, and to assess gaps if any.
15. Third Party Risk Assessment Audit on HR/IR/Compliance.
These are some of the usual practices we adopt in our previous companies which might be useful on a few points for you also.
From India, Chennai
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