Hi All, My company is basically a partnership firm and soon shall be moving to a Pvt Ltd company. As an HR, what are the necessary mandatory benefits which I should look at? Thanks in advance!
From India, Chennai
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1From India, Chennai
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As far as HR is concerned, the laws are equal for sole proprietorship, partnership, or company. There is no separate treatment when the constitution of your establishment changes from partnership to company. It is the shareholders' or owners' liability that will change, and that is a matter to be taken care of by HR. However, it is the duty of the Finance team to take care of it.
From India, Kannur
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From India, Kannur
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Hi,
In addition to the point made by Mr. Madhu, if you are referring to statutory requirements, then you need to maintain all statutory registers as stipulated in the Shops and Establishment Act, including the list of holidays. Alternatively, you can focus on employee welfare measures as well.
From India, Madras
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In addition to the point made by Mr. Madhu, if you are referring to statutory requirements, then you need to maintain all statutory registers as stipulated in the Shops and Establishment Act, including the list of holidays. Alternatively, you can focus on employee welfare measures as well.
From India, Madras
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(Fact Check Failed/Partial)-The user reply is partially correct. In addition to maintaining statutory registers under the Shops and Establishment Act, transitioning to a Private Limited company also involves compliance with the Companies Act, 2013. This includes adhering to regulations related to employee benefits, taxation, and corporate governance. It's essential to follow both statutory requirements for employee welfare measures and the legal obligations of a Private Limited company.
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Benefits covered under Shops and establishment will apply.
From India, Secunderabad
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From India, Secunderabad
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(Fact Check Failed/Partial)-The user's reply is incorrect. When transitioning from a partnership firm to a Pvt Ltd company, statutory benefits under the Employees' Provident Funds and Miscellaneous Provisions Act, Employees' State Insurance Act, and other applicable laws must be considered.
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Raghu, if it is a factory, will the benefits under the Shops ...Act apply? No. A company can run a factory, mine, or plantation. The Shops and Commercial Establishments Act applies only to shops and commercial establishments, and that will still be applicable even when the constitution of the establishment is a partnership or a sole proprietorship.
From India, Kannur
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From India, Kannur
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(Fact Check Failed/Partial)-The user reply is [B]partially correct[/B]. While the Shops and Commercial Establishments Act does not apply to factories, it is essential to ensure compliance with the Factories Act for factory-specific regulations.
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Hi Anusha,
When transitioning from a partnership firm to a Private Limited (Pvt Ltd) company, there are several mandatory benefits and considerations you should keep in mind as an HR professional. Here are some key aspects to consider:
Employee Provident Fund (EPF) and Employee State Insurance Corporation (ESIC):
Ensure compliance with EPF and ESI regulations. Both are mandatory social security schemes for employees in India.
Gratuity:
Arrange for gratuity funds for employees. This is a mandatory benefit for employees who have completed at least five years of continuous service.
Professional Tax (PT):
Verify if PT registration and compliance is required in your state. It's a state-level tax applicable to salaried employees.
Employee Health Insurance:
Provide a comprehensive health insurance plan for employees. Consider group health insurance policies.
Provident Fund (PF):
Ensure compliance with PF regulations. Employers are required to contribute a percentage of the employee's basic salary towards the PF.
Employee Stock Options (ESOPs):
If applicable, ensure that ESOPs are structured and administered properly.
Employee Contracts and Offer Letters:
Review and update employment contracts and offer letters in compliance with company law and labor laws.
Statutory Compliance:
Ensure compliance with all applicable labor laws, including Minimum Wages Act, Maternity Benefit Act, etc.
Income Tax Compliance:
Deduct and deposit TDS as per Income Tax Act requirements. Issue Form 16 to employees.
Employee Handbook and Policies:
Update and disseminate the employee handbook with policies and procedures relevant to the Pvt Ltd company.
Workplace Safety and Health:
Comply with Occupational Safety and Health Act and provide a safe working environment.
Leave Policies:
Review and update leave policies in line with statutory requirements.
Grievance Handling and Disciplinary Procedures:
Establish clear procedures for handling employee grievances and disciplinary actions.
Employee Benefits:
Consider additional benefits like performance bonuses, employee development programs, and other perks to attract and retain talent.
Employment Contracts and Agreements:
Ensure all employment contracts and agreements are in place and legally sound.
HR Software and Systems:
Implement or update HR software to streamline HR processes and maintain accurate records.
Employee Onboarding and Training:
Develop an onboarding program for new employees and provide necessary training.
Employee Engagement and Communication:
Foster a positive work environment through engagement initiatives and regular communication.
Legal Consultation:
Seek legal advice to ensure that all HR practices and policies comply with applicable laws and regulations.
Documentation and Record-Keeping:
Maintain accurate records of all HR-related activities and transactions.
Remember that specific regulations and requirements may vary depending on the location and industry of your company. Hence, it's always a good idea to consult with legal and compliance experts familiar with local laws.
Regards,
From India, Bangalore
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When transitioning from a partnership firm to a Private Limited (Pvt Ltd) company, there are several mandatory benefits and considerations you should keep in mind as an HR professional. Here are some key aspects to consider:
Employee Provident Fund (EPF) and Employee State Insurance Corporation (ESIC):
Ensure compliance with EPF and ESI regulations. Both are mandatory social security schemes for employees in India.
Gratuity:
Arrange for gratuity funds for employees. This is a mandatory benefit for employees who have completed at least five years of continuous service.
Professional Tax (PT):
Verify if PT registration and compliance is required in your state. It's a state-level tax applicable to salaried employees.
Employee Health Insurance:
Provide a comprehensive health insurance plan for employees. Consider group health insurance policies.
Provident Fund (PF):
Ensure compliance with PF regulations. Employers are required to contribute a percentage of the employee's basic salary towards the PF.
Employee Stock Options (ESOPs):
If applicable, ensure that ESOPs are structured and administered properly.
Employee Contracts and Offer Letters:
Review and update employment contracts and offer letters in compliance with company law and labor laws.
Statutory Compliance:
Ensure compliance with all applicable labor laws, including Minimum Wages Act, Maternity Benefit Act, etc.
Income Tax Compliance:
Deduct and deposit TDS as per Income Tax Act requirements. Issue Form 16 to employees.
Employee Handbook and Policies:
Update and disseminate the employee handbook with policies and procedures relevant to the Pvt Ltd company.
Workplace Safety and Health:
Comply with Occupational Safety and Health Act and provide a safe working environment.
Leave Policies:
Review and update leave policies in line with statutory requirements.
Grievance Handling and Disciplinary Procedures:
Establish clear procedures for handling employee grievances and disciplinary actions.
Employee Benefits:
Consider additional benefits like performance bonuses, employee development programs, and other perks to attract and retain talent.
Employment Contracts and Agreements:
Ensure all employment contracts and agreements are in place and legally sound.
HR Software and Systems:
Implement or update HR software to streamline HR processes and maintain accurate records.
Employee Onboarding and Training:
Develop an onboarding program for new employees and provide necessary training.
Employee Engagement and Communication:
Foster a positive work environment through engagement initiatives and regular communication.
Legal Consultation:
Seek legal advice to ensure that all HR practices and policies comply with applicable laws and regulations.
Documentation and Record-Keeping:
Maintain accurate records of all HR-related activities and transactions.
Remember that specific regulations and requirements may vary depending on the location and industry of your company. Hence, it's always a good idea to consult with legal and compliance experts familiar with local laws.
Regards,
From India, Bangalore
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(Fact Check Failed/Partial)-EPF and ESIC are mandatory for employees in India. Gratuity is mandatory for employees with 5+ years of service. PT is a state-level tax. ESOPs are optional benefits. Check legal compliance and update policies.
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All the above said compliances expect ESOP are already there in an organisation under a partnership arrangement also.
From India, Kannur
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From India, Kannur
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(Fact Check Failed/Partial)-The statement that all the mentioned compliances, except ESOP, are already present in an organization under a partnership arrangement is incorrect. Partnership firms and private limited companies have different compliance requirements, especially concerning employee benefits and taxation.
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Procedure-of-Re gistration-of-N ew-Pvt-Ltd-Comp any[1].pdf
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(Fact Check Failed/Partial)-The user's reply is incorrect. When a company changes its type from a partnership firm to a Pvt Ltd company, there are specific HR considerations regarding mandatory benefits, employee rights, compliance, and documentation that need to be addressed. It is not solely the responsibility of the Finance team but also of HR to ensure legal compliance and employee welfare during this transition.