Employee continuous service on sale of part of business
sundararajan
(Querist) 23 September 2016
This query is : Resolved
Dear Expert team,
Our company is a software company (C1). having 2 division say X & Y
Division X will be sold to another company (C2) as a slump sale.
At this time
1. employee of division x will be transferred to C2 as part of business agreement and Gratuity provision will be transferred.
2. there are another set of employees in division y who is also the management want to transfer to C2.
In this scenario how to give effect of continuous employment and especially for gratuity
this matter is bit of urgent nature.
thanks in advance
Regards
K. Sundararajan
Guest
(Expert) 23 September 2016
Commercial query.
sundararajan
(Querist) 23 September 2016
@ P.S. Dhingra,
Sorry dont get you. I am part of division y. My concern is how my continuous service will be taken in new company. Please suggest.
Kumar Doab
(Expert) 23 September 2016
The seller of slump sale can include you also and buyer can accept you.
Apparently it is sale with flock,stock,and barrel.
Rajendra K Goyal
(Expert) 23 September 2016
Discuss with commercial consultant, commercial query not replied.
Guest
(Expert) 23 September 2016
Mr. Sundararajan,
Did you introduce anywhere to make the experts aware, whether you are anaffected employee of the company, a union leader, a manger, a company secretary, a board director, a managing director, etc. of which company, C-1 or C-2, etc.?
The nature of your query is clearly a hypothetical academic query, even if you have asked as an employee without giving proper introduction and the problem, actually being faced by you. If asked on behalf of the company, that is a commercial query, which the concerned company should sort out by hiring some service law expert on their part.
Secondly, the term "will be sold" denotes that for the present there is no legal problem being faced by you, as it is an event proposed to take place in future.
Thirdly, you have not stated about the terms & conditions of the agreement between the companies and their employees.
Fourthly, you did not state, what is your actual problem of the individual-self. You asked about the employees in totality. What was relevance for that.
Question arises, if you don't ask a question without the real problem, and how are you related with the problem, do you think the experts are astrologers to predict everything on your behalf to reply your vague academic type query.
So, if you don't get me, you can't also get an appropriate and purposeful solution and will wander aimlessly in questions and answers between you and the experts.
You are therefore advised to contact personally some expert in service laws, get the case related documents examined by him appropriately and act according to his advice after analysis of your documents.
YOUR CASUAL QUERY MAY NOT FETCH ANY PURPOSEFUL SOLUTION.
Raj Kumar Makkad
(Expert) 23 September 2016
I strongly stand with the detailed advice and observations raised by ld. Dhingra ji. The experts should not be treated as astrologers.
Rajendra K Goyal
(Expert) 23 September 2016
Agree with the expert P.S. Dhingra ji.
Kumar Doab
(Expert) 23 September 2016
I concur with Expert Shri P.S.Dhingra.
Consult a very able counsel specializing in service matters ASAP.
Ms.Usha Kapoor
(Expert) 24 September 2016
Agree with expert Dhingra Ji.
