This is my query , we have two pvt companies registered and the directors for both the companies remain same . From 'A' pvt company we have to transfer an employee to 'B' pvt company , can i just give a transfer letter or do we need to follow the resignation procedure and issue new offer letter from 'B' Company , there is only designation and change in nature of work . Salary remains same. As we are start up there is no PF & Gratuity for now. Please guide on the documentation procedures to follow .
From India, Bengaluru
From India, Bengaluru
A company is different from its shareholders and the Directors. As per law, a company has separate existence from sister concerns. So, if you want to relocate an employee from one company to another company, the legal and proper way is to start afresh in the new company after making full and final settlement with the previous company.
From India, Mumbai
1422From India, Mumbai
Yes. You have to show resignation of each employee in existing concern and new joining of them in new concern.
From India, Kolkata
From India, Kolkata
Hi
Please be very clear about the benefits to be transferred & what certificate you are going to give for the same. IF at all not continuing then all the employees need to resign & issue new appointment letters.
If require we can discuss more in details
From India, Bangalore
Please be very clear about the benefits to be transferred & what certificate you are going to give for the same. IF at all not continuing then all the employees need to resign & issue new appointment letters.
If require we can discuss more in details
From India, Bangalore
Hi, If you have segregate/relocate employee from A to B company, In this scenario you have issue fresh Appointment letter to all employees with proper revised term & condition of employment. Regards
From India, Gurgaon
From India, Gurgaon
Hi Trishika,
With reference to the above you have to follow up separately as the company is different.
Internal transfer is not applicable in your case, so you have to take his/her resignation from Company-A, after that he/she can join Company-B as per law.
With reference to the above you have to follow up separately as the company is different.
Internal transfer is not applicable in your case, so you have to take his/her resignation from Company-A, after that he/she can join Company-B as per law.
You’re proposed re location of an employee from A private company to B private company, primarily should be based on service conditions of appointment. However in any case continuity of service / employment can be established, by the employee, on a later date, if he prefer claim of gratuity after 5 years, as both the company's are private company with the same directors on the board, activities may be different.
From India, Madras
From India, Madras
Dear Trishika,
As per the provisions of the Companies Act,2013 apart, your statement also asserts that not withstanding the fact of the directors being the same persons, the two companies are different and separate legal entities. Therefore, inter-company transfer of the services of the employees mandates an agreement in this regard between the two companies together with the unconditional consent of the employees concerned.
In the absence of both or either of the two, voluntary resignation from company A by the concerned employee on the basis of his acceptance of the offer of the job by company B would be the right course under the given situation.
From India, Salem
As per the provisions of the Companies Act,2013 apart, your statement also asserts that not withstanding the fact of the directors being the same persons, the two companies are different and separate legal entities. Therefore, inter-company transfer of the services of the employees mandates an agreement in this regard between the two companies together with the unconditional consent of the employees concerned.
In the absence of both or either of the two, voluntary resignation from company A by the concerned employee on the basis of his acceptance of the offer of the job by company B would be the right course under the given situation.
From India, Salem
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HR-Policy-036 - Employee Transfer Policy - 11-10-2013.pdf
Employee Appraisal Form new.doc