Release formalities of employees in an acquisition

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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 ?


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