Consider this scenario
An operating segment of a company was sold to another company and the staff absorbed by the new company.
The staff were not given notice of the takeover and did not get any letter of disengagement from the selling company but have been offered a short contract by the new company. The staff are asking for a lump sum pay off from the selling company having put in over 7 years in service. The selling company submits that no such payment is due since the transferred staff have not lost their jobs.
What options are available to the staff? Any legal remedies?
From Nigeria, Lagos
An operating segment of a company was sold to another company and the staff absorbed by the new company.
The staff were not given notice of the takeover and did not get any letter of disengagement from the selling company but have been offered a short contract by the new company. The staff are asking for a lump sum pay off from the selling company having put in over 7 years in service. The selling company submits that no such payment is due since the transferred staff have not lost their jobs.
What options are available to the staff? Any legal remedies?
From Nigeria, Lagos
You have not provided critical information that is needed, like which country / state the company is based in.
Under Indian laws, you have terminated the employment of the Employees when you sold the business (not sold the company) to another company. The employees are given a new, short term contract, which is different from the one you had with them. Their dues like Gratuity will be reset.
Therefore, the demand of the staff is correct. You are liable to pay them full termination benefits according to the law.
The other alternate is that the purchasing company gives them letters confirming that their work in the previous company will be counted for terminal or retrenchment benefits if they are removed in future
From India, Mumbai
2383Under Indian laws, you have terminated the employment of the Employees when you sold the business (not sold the company) to another company. The employees are given a new, short term contract, which is different from the one you had with them. Their dues like Gratuity will be reset.
Therefore, the demand of the staff is correct. You are liable to pay them full termination benefits according to the law.
The other alternate is that the purchasing company gives them letters confirming that their work in the previous company will be counted for terminal or retrenchment benefits if they are removed in future
From India, Mumbai
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