Hi,
I would like to get suggestion regarding my above subject. As I am working on-roll with an Indian Company "C" based at Delhi and I located at M.P. branch since last 10yr. My "C" Company has been take over by an MNC French "A" Company in 2008, which have already take over in India "B" name Company in 2001. So, now "B+C" Company also belongs to Group Company "A". Where "D" Company is our product's Distributor of A+B+C Companies. Which Product I were handling in "C" Company, Company decided to move this product in "B" Company along with entire team of 40-peoples. "B" Company taken the product but shifted to entire team in "D" Company (Distributor) third party payroll (off-roll) by paying 50% cost of manpower over the first 6-month. There after "D" Company will be our Employer and we will be handle same product here also but "D" Company can throw out to any Employee after 6-month as per their agreement with "B" Company.
But entire 40-peoples team do not wants to join at "D" distributor payroll off-roll, because of below points:-
1. In future, there will be no any Employment liability of A/B/C Company.
2. If "B" Company taken the product than should taken to team also on "B/C" payroll not on Distributor(third party) payroll.
3. If Employees will be handled same product continued than payroll also should be same on "B/C" payroll.
Company forced to entire team to go on third party payroll or said leave the company.
Kindly suggest for legal process.
Thanks!
Dinesh
From India, Indore
I would like to get suggestion regarding my above subject. As I am working on-roll with an Indian Company "C" based at Delhi and I located at M.P. branch since last 10yr. My "C" Company has been take over by an MNC French "A" Company in 2008, which have already take over in India "B" name Company in 2001. So, now "B+C" Company also belongs to Group Company "A". Where "D" Company is our product's Distributor of A+B+C Companies. Which Product I were handling in "C" Company, Company decided to move this product in "B" Company along with entire team of 40-peoples. "B" Company taken the product but shifted to entire team in "D" Company (Distributor) third party payroll (off-roll) by paying 50% cost of manpower over the first 6-month. There after "D" Company will be our Employer and we will be handle same product here also but "D" Company can throw out to any Employee after 6-month as per their agreement with "B" Company.
But entire 40-peoples team do not wants to join at "D" distributor payroll off-roll, because of below points:-
1. In future, there will be no any Employment liability of A/B/C Company.
2. If "B" Company taken the product than should taken to team also on "B/C" payroll not on Distributor(third party) payroll.
3. If Employees will be handled same product continued than payroll also should be same on "B/C" payroll.
Company forced to entire team to go on third party payroll or said leave the company.
Kindly suggest for legal process.
Thanks!
Dinesh
From India, Indore
In today's business scenario merger and acquisition are quite common. In doing so the merger and acquisition agreements of the company needs to be looked into.
Normally, in this process, the parent company's resort to ceasing the employment of a person with the company where he was originally appointed and settlement all dues to the employee and appointment a fresh with the terms and conditions as prevalant in the company you are moved to.
If you are continued without a break of service and such appointment order with fresh terms and conditions, the terms and conditions of your original appointment will continue to hold good. If the new company you are moved to does not go by this terms and conditions, you can raise a dispute under the labour laws before appropriate labour authority.
rameshbg, hosur.
From India, Vellore
10Normally, in this process, the parent company's resort to ceasing the employment of a person with the company where he was originally appointed and settlement all dues to the employee and appointment a fresh with the terms and conditions as prevalant in the company you are moved to.
If you are continued without a break of service and such appointment order with fresh terms and conditions, the terms and conditions of your original appointment will continue to hold good. If the new company you are moved to does not go by this terms and conditions, you can raise a dispute under the labour laws before appropriate labour authority.
rameshbg, hosur.
From India, Vellore
As this is a case of merger, the company can take this decision... Also, the team resists, then the company can pay you the notice period as per the appointment letter and cease the employment. There is no law that states that if the product has been taken over the manpower should also be taken over...
From India, Mumbai
From India, Mumbai
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