Company Takeover Woes: Can We Seek VSS or VRS Amid Management Harassment?

We are 50 workers with a registered union. Our company was taken over by a new entity in September 2015. We were not prepared for this change as we felt that the new management would not consider our well-being. Consequently, we filed a case before the DLC Noida.

Both managements coerced us into signing the joining letter, claiming that all terms and conditions would remain unchanged. However, the new management is now subjecting us to harassment. They are reducing the workforce, which contradicts the agreement made with the previous employer and the signed agreement before the DLC Noida.

At this moment, we do not wish to continue working under this new management. Please assist us. Can we request a VSS or VRS? There is an ongoing case before the Labor Commission in Kanpur.

Thank you for your attention.

Dear Sunil, Right from the beginning, the takeover was not liked by the workmen based on their presumption that the new management would not be labor-friendly. When the takeover is legal and service protection of the existing workmen, together with no unfavorable change in their working conditions, is ensured, there is no room for any qualms based on such feigned apprehensions. It is not clear from your narration whether the "agreement signed before the DLC, Noida" was about the takeover or about the reduction in manpower. There is also no mention in your post about the modalities of manpower reduction, if any, set out in the said agreement. If the agreement is about the takeover only, the new management cannot resort to suo moto reduction in manpower after the takeover without issuing a notice of retrenchment u/s 25FFA of the ID Act, 1947, since the number of workmen in the establishment is 50. In such a situation, your Union can negotiate for an appropriate Voluntary Separation Scheme.