Anonymous
If An employee rebadged to a new company does the new company reduce his retirement age of the employee or they must follow the retirement age of the original employer. Please advise.
From India, Bangalore
KK!HR
1041

It would depend on how the employee was rebadged in the new organisation. It needs to be analysed as to whether there was full and irreversible change in service or there existed some sort of continuity between the service in both the organisations. The principle is that the service condition initially accepted by the employer and the employee is binding on both the sides and it can be changed to the detriment of the employee only with the acceptance of both the parties. The terms of employment in the new organisation conveyed to the employee has to be looked into. Are the two organisations organically linked to each other?
From India, Mumbai
Anonymous
Thank you very much for your quick reply.
Both organisations has a relationship of client and vendor.
Vendor has rebadged the employees of client.
Client has 60 years of retirement age but now the new employer reduced to 55 to all employees as position wise.
Can I fight with new employer to keep me as per my original employer retirement age? Please advise if any possibility to fight legally because 5 years reduction in retirement age will impact entire family. BTW : I am continuously in billing for the same client for 6 years and working for another client from last couple of months. I am ready to pay a fee to file a case based on the winning situation.

From India, Bangalore
KK!HR
1041

Presumably you did not resign from the services of client, nor your full and final settlement made. Then, how was your service transferred to the Vendor ?.Is it that you are put to work at the Vendors premises and subject to its rules. In case it is so, it cannot change your service entitlements to your detriment. You need to file a case if the Vendor retires you @ 55. You are working for another client since last two months is not clear. More facts are needed to get a clear picture on your rights with respect to the client.
From India, Mumbai
There are different age of retirement followed by different establishments. There is also different age for retirement for different category of employees. Therefore, the employee has to retire on attaining the age of retirement as fixed by the establishment.
The client and vendors are two different entity. Their establishment are different from each other and operated under separate rules and policies. Therefore, vendor is not bound to follow the service rules of client. The employee of the establishment is/ are bound by the rules of the paymaster.

From India, Mumbai
Personally I feel that now a days certain fancy terms are simply copied down from the HR practices of the West and applied to circumvent the provisions of Indian Labor Laws for the sake of easy hire and fire depending on market fluctuations of business. " Rebadging " is one of such terms which simply means, so far as I am able to understand, converting a regular employee to the status of a contract labor or some kind of outsourced employee through a third party agency.
Thus when the very concept is bad in the eye of law, there can be no qualms about the alterations of the service conditions of the rebadged employee to his disadvantage. The choice before him is whether to remain employed at any cost or not.

From India, Salem
Dear Umakanthan Sir,
I would like to have your opinion on "Rebadged Employee" (as it means that an employees whose employment with the Employer is terminated on ground of outsourcing but got engagement with a contractor in the establishment of principal employer).
Do the outsourcing/contract of this kind is not fall under sham and camouflage category?

From India, Mumbai
Glidor
616

Each establishment or employer has own set of terms, mere relation and contractor interchange can not enforce the whole set of rules an any establishment either PE or Contractor,
The query is like,
[earlier my contractor had to depute on a site 30 kms distance from my residence, and after rebadging the new work place is 15 kms distance, can i go to fight with new company that i have to travel 30 kms as per previous posting? ]
as neither the contractor has changed nor the different PE, just change of PE has taken place, contractor is same still, as per my understanding the contractor has deputed the person to a different PE, where retirement age is 55 and that is rebadging, which is used by the employee ( remember the contractor has still 60 age bracket as per post)
let the contractor decide that if the new PE ask to retire at lower age, then the contractor can depute the aforesaid employee to another PE where they can permit up to 60


Certainly 'yes' Mr.Prabhat; that's what I indicated briefly in my response. While answering thus I take into account the financial difficulties faced by some employers who are compelled to keep employees " on bench" during nom-availability of projects like in the case of IT Sector. But ensuring continuous flow of work is a managerial responsibility .
From India, Salem

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