Dear Senior,
I m working in a manufacturing company and our company is going to become limited from 1st april 2012, my doubt is if we want to take the employee from the previous company to limited we have to give them termination letter first and then again appointment letter on the letter head of limited company. so i want to ask like is this procedure ok???
or some other procedure and i want a sample of termination letter for the same.Its very urgent.
thankx and regards
Dimple Patkar
Sr.Executive HR
From India, Vasai
I m working in a manufacturing company and our company is going to become limited from 1st april 2012, my doubt is if we want to take the employee from the previous company to limited we have to give them termination letter first and then again appointment letter on the letter head of limited company. so i want to ask like is this procedure ok???
or some other procedure and i want a sample of termination letter for the same.Its very urgent.
thankx and regards
Dimple Patkar
Sr.Executive HR
From India, Vasai
dear senior, please guide me i want your guidance regarding termination and new appointment letter to the existing employee when the company is going to become limited
From India, Vasai
From India, Vasai
Dear Dimple
Since you are a manufacturing company, you fall within the purview of teh Industrial Disputes Act 1947. The Industrial Disputes Act envisages terminations under the following situations.
1) If there is surplus staff under Sec.2(00)
2) If there is transfer of undertaking by one employer to another employer and if the new employer is not willing to take the workmen of the previous employer;
3)If you are going to close the company under sec.25-FF or Sec.25-O
Since none of the three situations exists, as the same management will run the new company and continue the same activity also and there is mere change in the corporate structure, in my view, there is no need to terminate the services of the existing workmen under the old company and it will suffice if you can issue them letters stating that they continue to be the employees of the new company and that their seniority and benefits will continue the same.On the other hand if you resort to termination, it might lead to many questions as to what kind termination and which provision of law it was effected. however this is my view only and you can hear other opinions.
B.Saikumar
HR & Labour law advisor
Mumbai
09930532917
From India, Mumbai
54Since you are a manufacturing company, you fall within the purview of teh Industrial Disputes Act 1947. The Industrial Disputes Act envisages terminations under the following situations.
1) If there is surplus staff under Sec.2(00)
2) If there is transfer of undertaking by one employer to another employer and if the new employer is not willing to take the workmen of the previous employer;
3)If you are going to close the company under sec.25-FF or Sec.25-O
Since none of the three situations exists, as the same management will run the new company and continue the same activity also and there is mere change in the corporate structure, in my view, there is no need to terminate the services of the existing workmen under the old company and it will suffice if you can issue them letters stating that they continue to be the employees of the new company and that their seniority and benefits will continue the same.On the other hand if you resort to termination, it might lead to many questions as to what kind termination and which provision of law it was effected. however this is my view only and you can hear other opinions.
B.Saikumar
HR & Labour law advisor
Mumbai
09930532917
From India, Mumbai
thankyou sir for your advice thankyou very much, as the same management will run the new company but as limited company no other changes thanks and regards Dimple patkar Sr. Executive HR
From India, Vasai
From India, Vasai
dear sir,
presently we are a proprietorship company and after 1st April 2012, our company will become limited it means more than 5 directors, so now i m bit confuse for the same situation for their re - appointment and what all the procedure for transferring all the employees in limited company,what about their pf facility etc the company is situated in the same location can you please help me.
thanks and regards
Dimple Patkar
Sr. Executive HR.
From India, Vasai
presently we are a proprietorship company and after 1st April 2012, our company will become limited it means more than 5 directors, so now i m bit confuse for the same situation for their re - appointment and what all the procedure for transferring all the employees in limited company,what about their pf facility etc the company is situated in the same location can you please help me.
thanks and regards
Dimple Patkar
Sr. Executive HR.
From India, Vasai
HI
There are various new ways of terminating employees in the industry.
The management get in touch with their networks outside of industry and silently makes arrangement for employee to go and attend interview as well as get selected. In the meanwhile, they keep giving too many assignments employee feels frustrated and moves out with a resignation. Once he is in the new place, lot of problems are created to see to it that he resigns and he is nowhere, this is a new way of terminating employees.
I would not like to share my details.
BEWARE.
Thanks & Regards
From India, Bangalore
There are various new ways of terminating employees in the industry.
The management get in touch with their networks outside of industry and silently makes arrangement for employee to go and attend interview as well as get selected. In the meanwhile, they keep giving too many assignments employee feels frustrated and moves out with a resignation. Once he is in the new place, lot of problems are created to see to it that he resigns and he is nowhere, this is a new way of terminating employees.
I would not like to share my details.
BEWARE.
Thanks & Regards
From India, Bangalore
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Termination letter.doc
Termination Policy _Appointment Letter.jpg