Umakanthan53
Labour Law & Hr Consultant

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My current lot of employees are under the payrolls of ' 'Leadsmaaza Online services LLP'...& i have to bring them to Dreambig IT rolls. Both firms are independent Entities with the same ownership. My boss doesn't want to group these companies either as the liabilities will scale. In such a situation do i release new appointment letters to them . Will it be considered as transfer ?
From India, New Delhi
will this be a 'Transfer 'of employees or a re-employment ?
From India, New Delhi
Please i need an expert opinion on how exactly can this be done and how. Please be precise , as all i know is i am good recruiter and totally lame in core HR. & this is first and foremost challenge in my current profile.
From India, New Delhi
When the entities are separate and independent, commonality of their ownership doesn't matter in effecting changes in the service of the employees therein but for the quick approval of any decision in this regard.
However, firstly, certain clarifications are required from the poster if the change intended is limited to that of transfer of services only :
Whether only those employees of Lead Mazza currently deputed to serve in Dreambig are to be transferred to the rolls of the latter or all of the former?
Whether it is possible to effect such a transfer with continuity of service and attendant benefits to the employees bilaterally between both the entities or the employees concerned have to be consulted either individually or collectively through their Union if any?

From India, Salem
Dear Mr.Umakanthan.M
Yes the employees have been consulted individually and they are very much willing to get their employment transferred to the new entity.
We would like to adhere to the compliances and go methodically.
We have taken the employees consent. Now how do we proceed further.
Much Thanks

From India, New Delhi
Do we terminate their employment from the first entity and later offer the same with the 2nd entity ?
From India, New Delhi
Dear friend,
When the employees have the willingness for the one time inter-unit transfer of their services between the two entities of the same employer, termination of their services at the instance of the employer is not advisable in my opinion in view of the additional liability of payment of retrenchment compensation. On the contrary, you have got two lawful options before for effecting the transfer without any hitch now and in future:
a) After obtaining resignation of their jobs in the first company from the employees and settling their F&F, the second company may appoint them as freshers in similar/equivalent jobs on their submission of formal applications without any selection/screening process. This is a new appointment without continuity of service rendered in the first company but in consideration of the same.

OR
b) Both the companies may enter into an agreement providing for the one time permanent transfer of the willing employees of the first company to the second on the same conditions of service with continuity of service. Letter of willingness should be obtained from the individual employees.

From India, Salem
Dear Mr.Umakanthan, I really appreciate your valuable feedback on this. I thank you for letting me understand the legalities w.r.t this scenario. Thanks again Regards, Vasu
From India, New Delhi
If not termination from our end , can we ask them to resign from the former employer & then issue new offer from the later one.
From India, New Delhi
Sorry for the duplicate enquiry.
From India, New Delhi
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