Madhu.T.K
Industrial Relations And Labour Laws
Arichou
Service
+1 Other

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Dear Friend,
We want to transfer our few employees from one of our company which is at Mumbai to other company at Kolkata which is under same group and managed by the same management.
On the above, we have to transfer the PF, Gratuity, ESI, etc of such employees from Mumbai to Kolkata.
Please advise on the above and procedure of doing so.
Regards,
Arindam

EPF of individual employees can be transferred to the new company by transferring the account using form 13. Similarly ESI cards can be transferred to the new location (Calcutta) For accounting and treatment of contribution period and benefit period please contact the ESI Inspector of your local.

Gratuity is not a fund managed by the Govt. It is a payment given by the employer to an outgoing employee( having a minimum of 5 years of service)In such cases, the treatment will be like that of Transfer of Undertaking. That is, Calcutta company takes over the Bombay company. Here an understanding as to how the gratuity of the employees of Bombay company has to be paid and continuous service of the employees of Bombay company has to be counted are to be decided. The Industrial Disputes Act provides that transfer of undertaking shall be permitted only after retrenchment benefits are paid to the employees. Alternatively, there shall be an understanding with the new company(the company which aquires- the Calcutta Company) to the effect that service of the (Bombay) company employees will be treated in continous with the service following in (Calcutta) company. This is to avoid confusion relating to payment of gratuity when these employees leave the Calcutta company.

On transfer itself the gratuity can be settled sothat all employees are made fresh to the Calcutta company. But in such cases, those who are not eligible for gratuity due to lack of service (5 years) will not agree for such merger. Therefore, have a settlement on the issue and then act accordingly.

Regards,

Madhu.T.K

In this situation if any employee arise dispute after join the services in calcutta co. that bombay co. did not pay gratuity to him even though he was eligible for gratuity. If we see as per act then employee resigned from bombay co. and joined in calcutta co.
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