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Service transfer in group companies

Hi, Mother company (A), (State Govt.PSU) has several sister companies. Mother company "A "transfers some employees to sister company "B" keeping all terms and conditions same as "A".

After a few months in the same financial year "A" transfers some more employees to sister company "C" without mentioning any terms and conditions. Company "C" gives them fresh appointment letter with probation of 6 months and less salary package and also gives a few days service break/discontinue. But as it is a case of group company transfer,these helpless employees joined the job without understanding the trap.Then they informto the Head HR of "A" and he replied over telephone that service continuity will be taking care. But after that nothing happened.

Then ultimately these employees in company "C" were deprived of the benefits of service continuity of company "A" but those employees who were transferred in company "B" were continued to get all benefits like "A"

Now what are the option remain for those helpless employees who were transferred in "C" to get justice? Can mother company "A" harass some employees by transferring them in sisters companies with new terms and conditions to deprive them from service continuity, seniority and career growth in India? 



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 1 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     20 April 2020

You shall have to go through minutely the terms and conditions as enumerated in the appointment letters issues by mother comapny A to thse employees transferred in C along-with the contents of the Transfer letter, if any. It shall also be better to have the internal correspondance held between C and A qua the requirement of some of the employees working in A to C and further their terms and conditions for the appointment.

 

Once all these documents are collected (RTI Act can also be availed for this purpose), assess the mistake/contradictions in the transfer order and fresh appointment letters issued by C and then post your query afresh here or take help of local prudent lawyer dealing in the service maters.


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