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Anonymous
Dear HR Professionals
Please elaborate on the stepwise procedure for the transfer of gratuity from one entity to another when there is no break of service. The employees are being transferred only. There is just a name change of the company.

Reply needed urgently

Will remain grateful .

regards

Capt MCS Bhakuni

From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Pocket HRMS
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Anonymous
Dear HR Professionals Please educate me on the transfer process of employees from one entity to another -Stepwise . Thank you Warm regards MCS Bhakuni 9350578051
From India, Delhi
Anonymous
Dear Sirs, What is the process of opening a new PF Account under the new company/entity name? When the old name is changed and employees are being transferred to another entity. regards MCS Bhakuni
From India, Delhi
Anonymous
Dear Professionals Please educate me on What documents are required for transferring an employee’s PF from one company/ entity to another? regards MCS Bhakuni
From India, Delhi
Raghunath Sabat
20

When there is a transfer of employees from one entity to another without any break in service, and only a name change of the company is involved, the transfer of gratuity can be carried out smoothly by following a stepwise procedure. Here's a general outline of the process:

Verification and Communication: The transferring entity (previous employer) and the receiving entity (new employer) should verify the details of the employees being transferred, including their employment dates, length of service, and gratuity entitlement.

Documentation: Both entities should maintain proper documentation related to the transfer of employees, such as an agreement or memorandum of understanding (MoU) clearly stating the transfer of liabilities, including gratuity.

Employee Communication: The transferring entity should communicate the transfer of gratuity liability to the employees, informing them about the change in the company name and the subsequent transfer of gratuity obligations to the new employer. It's important to provide clear and transparent communication to avoid any confusion or misunderstandings.

Transfer of Funds: The transferring entity should transfer the accumulated gratuity funds of the employees to the receiving entity. This transfer can be done through a direct payment or by transferring the funds to a designated trust or gratuity fund account of the new employer.

New Employer's Responsibility: The new employer (receiving entity) assumes the responsibility of managing the transferred gratuity funds and ensuring compliance with applicable laws and regulations. They should maintain accurate records of the transferred gratuity amounts and continue to make contributions towards gratuity as required by law.

Employee Acknowledgment: The new employer should provide acknowledgment to the transferred employees regarding the receipt of the gratuity funds. This acknowledgment should clearly state the transferred amount, date of transfer, and any other relevant details.

Future Gratuity Management: The new employer becomes responsible for managing future gratuity payments and compliance for the transferred employees, including record-keeping, calculating gratuity entitlement, and making timely payments as per the applicable laws.

It's important to note that the specific procedures and requirements for transferring gratuity may vary based on the country's labor laws, regulations, and any industry-specific guidelines. Therefore, it's recommended to consult with legal professionals or labor authorities in your jurisdiction to ensure compliance with the specific requirements applicable in your case.

From India, Mumbai
Pocket HRMS
8

When transferring gratuity from one entity to another without a break in service, and only a name change is involved, follow these steps:

1. Notify employees about the transfer.
2. Gather and verify relevant documentation.
3. Transfer accumulated gratuity funds from the old entity to the new one.
4. Inform employees about the transfer and any changes.
5. Obtain employee acknowledgment.
6. Integrate transferred funds and records into the new entity's systems.
7. Ensure continuity of service for employees.
8. Administer and manage the gratuity scheme under the new entity.
9. Comply with legal and regulatory requirements.

Consult legal and financial experts to ensure compliance with specific jurisdictional rules.

From India, Dombivali
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