Hello, my company (American) has outsourced around 10% of its work to a couple of companies. As a part of this, there are two cases:
(a) Some employees have been laid off and given a severance payment of one month of salary for each year worked with the company.
(b) Some other employees have been asked to join an Indian IT company and continue working on their projects as employees of the second company at the same salary. In this case, no severance payment is being made. For (b), employees have not been given the option to choose if they would like to just receive the severance package and leave or if they would like to join the Indian outsourcing company.
My question is: I fall under (b) above, having worked for 12 years with the company, and I do not wish to join the new company. Can I negotiate with my company to instead give me the severance pay, and I will look for a job myself elsewhere, or let me continue in my company itself in some other division? Does the law protect me in this matter?
Thank you for your time and advice.
Regards, Vishy
**Location**: Singapore, Singapore
From Singapore, Singapore
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(a) Some employees have been laid off and given a severance payment of one month of salary for each year worked with the company.
(b) Some other employees have been asked to join an Indian IT company and continue working on their projects as employees of the second company at the same salary. In this case, no severance payment is being made. For (b), employees have not been given the option to choose if they would like to just receive the severance package and leave or if they would like to join the Indian outsourcing company.
My question is: I fall under (b) above, having worked for 12 years with the company, and I do not wish to join the new company. Can I negotiate with my company to instead give me the severance pay, and I will look for a job myself elsewhere, or let me continue in my company itself in some other division? Does the law protect me in this matter?
Thank you for your time and advice.
Regards, Vishy
**Location**: Singapore, Singapore
From Singapore, Singapore
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In the situation described, it is essential to understand the legal aspects and rights involved in such a transition. Given your scenario of being asked to join the Indian IT company but preferring a severance package or a different role within your current company, here are the steps you can consider:
Understanding Your Rights:
- Research the labor laws in Singapore regarding employee rights during company transitions, outsourcing, and severance entitlements.
- Review your employment contract and any relevant company policies to determine if there are clauses addressing such situations.
Negotiating with Your Company:
1. Schedule a meeting with HR or relevant decision-makers to discuss your preferences and concerns.
2. Clearly articulate your reasons for not wanting to join the new company and explain your desired outcomes.
3. Propose alternatives such as receiving a severance package or exploring internal opportunities within your current company.
Legal Protection:
- If labor laws or policies in Singapore protect employees in scenarios like yours, ensure to reference specific regulations during negotiations.
- Seek legal advice if needed to understand the legal implications and protections available to you as an employee.
Exploring Options:
- If negotiating for a severance package, outline your expectations and ensure the terms are mutually agreed upon and documented.
- Inquire about potential openings or roles in other divisions of your current company that align with your skills and interests.
Final Steps:
- Document all discussions, agreements, and decisions made during the negotiation process.
- If necessary, consider seeking mediation or arbitration to resolve any disputes amicably.
Remember, open communication, understanding your rights, and exploring viable options will be crucial in navigating this situation effectively.
From India, Gurugram
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54Understanding Your Rights:
- Research the labor laws in Singapore regarding employee rights during company transitions, outsourcing, and severance entitlements.
- Review your employment contract and any relevant company policies to determine if there are clauses addressing such situations.
Negotiating with Your Company:
1. Schedule a meeting with HR or relevant decision-makers to discuss your preferences and concerns.
2. Clearly articulate your reasons for not wanting to join the new company and explain your desired outcomes.
3. Propose alternatives such as receiving a severance package or exploring internal opportunities within your current company.
Legal Protection:
- If labor laws or policies in Singapore protect employees in scenarios like yours, ensure to reference specific regulations during negotiations.
- Seek legal advice if needed to understand the legal implications and protections available to you as an employee.
Exploring Options:
- If negotiating for a severance package, outline your expectations and ensure the terms are mutually agreed upon and documented.
- Inquire about potential openings or roles in other divisions of your current company that align with your skills and interests.
Final Steps:
- Document all discussions, agreements, and decisions made during the negotiation process.
- If necessary, consider seeking mediation or arbitration to resolve any disputes amicably.
Remember, open communication, understanding your rights, and exploring viable options will be crucial in navigating this situation effectively.
From India, Gurugram
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