KK!HRPl check your offer of appointment, is there any clause providing for the transfer of service between sister organisations? The principle is that the employer cannot unilaterally change your organisation.
You should strongly resist the attempt to sneak in a new entity and the applicability of its rules to you. As you mentioned, there is a strong possibility that they may not issue relieving order or complete the F&F settlement process till you succumb to them. Yet there is no guarantee that even if you complete the process they will be ready to fulfill the separation process. What do you feel is their track record? Does it inspire confidence that they are a rightful organisation?
If all other options are in the negative, you can issue them a notice with a copy to the Labour Officer of the local area seeking intervention.
From India, Mumbai
Madhu.T.KWithout notice the employer cannot change any service condition of an employee. Notice period being a service condition can not be changed without notice.
Changing the employer means transfer of undertaking and it is not possible to transfer an undertaking or sell an undertaking to another company without undergoing the procedures laid down in the Industrial Disputes Act. Please refer section 25FF of the ID Act which says that without notice and without paying compensation for retrenchment you cannot transfer the undertaking to another company. If you do not retrench the employees, then there should be an understanding about the service conditions. Unilateral decisions will lead to legal complications. Therefore, you can challenge the decision of the employer before the labour department.
From India, Kannur