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Dear All,

We need to transfer some employees from the existing group company to another newly formed company within the same group. Would like to know what is the procedure to be followed:

a. Should we get a resignation letter from those employees and issue a relieving order so that a fresh appointment letter can be issued from the new company?

b. What will be the procedure to be followed for ESI and Provident Fund? The current company is covered under the ESI Act, but the newly started company does not have the required number of 20 employees to be covered under ESI. Can we apply for ESI coverage despite having fewer than 20 covered employees?

c. Despite being moved to another company, how do we maintain their service period for the claim of Gratuity (Currently, we have a Group Gratuity Policy with LIC of India)?

d. Can a single PF number be maintained for all group companies?

Regards, Subash D

From India, Hyderabad
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A - Employee will raise a question of Service Continuity - You can't ask for resignation.

B. PF & ESIC can be paid under the existing Code only (on completion of legal documents). Please seek an opinion from your Legal Advisor.

Thanks.

From India, Mumbai
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