Release formalities of employees in an acquisition

187 views 2 replies

Hi,

 a Pvt Ltd compnay X is selling all assets and transfering employees to another pvt ltd company Y. Y is issuing offer letters to all the employees and also the managers and directors of X and paying a limpsum to X for the assets. 

 Questions -

1. Should X make all employees send a resignation letter to X?

2. How should X compose the releasing letters to its employees ? such as -

   a. As the asset purchase between X and Y is effective form Date, you will be relieved from duties of X from date. OR

   b. As per your resignation, you are being relieved. and No mention of the acquisition.

 

what is the best way to avoid complications in future.

 

FYI, X is paying gratuity to the eligible employees.

  

Replies (2)

It  will not  be  proper  to ask for resignation letters  of employees.  Company can issue letters to employees informing about the business transfer agreement and take their acknowledgement indicating their acceptance to the  same.  Thereafter transferee company  can issue letters of employment.

 

thank you so much sir.

One more question - is gratuity taxable if paid before retirement? We will pay gratuity to those employees who workd for 4 yrs 240 days. Should we deduct tax (TDS) of pay the full amount ?

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
09 June 2026
Accounts Associate

S Madan and CO

New Delhi

Graduate (Any)

View Details
Company
Featured 24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 27 June 2026
CA Articled Trainee And Paid Assistant

SKAA & Associates

New Delhi

CA Inter

View Details
Company
24 June 2026
Chartered Accountant - GST & Direct Tax

APL

Mumbai

CA

View Details
Company
ARTICLESHIP 24 June 2026
CA Article Trainee

Rahul Dang & Associates

Pune

CA Inter

View Details
Company
25 June 2026
Accounts & Taxation Executive

Dindukurthy & Associates

Hyderabad

MBA

View Details
Company
ARTICLESHIP 04 June 2026
Article

Rakhecha & Co.

New Delhi

CA Inter

View Details
Company
22 June 2026
Finance Manager- Chartered Accountant

Triveni Turbine Limited

Bengaluru

CA

View Details