If An employee rebadged to a new company does the new company reduce his retirement age of the employee or they must follow the retirement age of the original employer? Please advise.
From India, Bangalore
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From India, Bangalore
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It would depend on how the employee was rebadged in the new organization. It needs to be analyzed as to whether there was a full and irreversible change in service or if there existed some sort of continuity between the service in both organizations. The principle is that the service condition initially accepted by the employer and the employee is binding on both sides, and it can be changed to the detriment of the employee only with the acceptance of both parties. The terms of employment in the new organization conveyed to the employee have to be looked into. Are the two organizations organically linked to each other?
From India, Mumbai
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1655From India, Mumbai
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Thank you very much for your quick reply.
Both organizations have a relationship of client and vendor. The vendor has rebadged the employees of the client. The client has a retirement age of 60 years, but now the new employer has reduced it to 55 for all employees based on their positions.
I am wondering if I can fight with the new employer to keep me at my original employer's retirement age. Could you please advise if there is any possibility to fight this legally? A 5-year reduction in the retirement age will impact my entire family.
By the way, I have been continuously billing for the same client for 6 years and have been working for another client for the last couple of months. I am ready to pay a fee to file a case based on the winning situation.
From India, Bangalore
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Both organizations have a relationship of client and vendor. The vendor has rebadged the employees of the client. The client has a retirement age of 60 years, but now the new employer has reduced it to 55 for all employees based on their positions.
I am wondering if I can fight with the new employer to keep me at my original employer's retirement age. Could you please advise if there is any possibility to fight this legally? A 5-year reduction in the retirement age will impact my entire family.
By the way, I have been continuously billing for the same client for 6 years and have been working for another client for the last couple of months. I am ready to pay a fee to file a case based on the winning situation.
From India, Bangalore
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Presumably, you did not resign from the services of the client, nor was your full and final settlement made. Then, how was your service transferred to the Vendor? Is it that you are put to work at the Vendor's premises and subject to its rules? In case it is so, it cannot change your service entitlements to your detriment. You need to file a case if the Vendor retires you at 55. The fact that you have been working for another client for the last two months is not clear. More facts are needed to get a clear picture of your rights with respect to the client.
From India, Mumbai
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From India, Mumbai
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There are different ages of retirement followed by different establishments. There is also a different age for retirement for different categories of employees. Therefore, the employee has to retire upon attaining the age of retirement as fixed by the establishment.
The client and vendors are two different entities. Their establishments are different from each other and operate under separate rules and policies. Therefore, a vendor is not bound to follow the service rules of a client. The employees of the establishment are bound by the rules of the paymaster.
From India, Mumbai
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The client and vendors are two different entities. Their establishments are different from each other and operate under separate rules and policies. Therefore, a vendor is not bound to follow the service rules of a client. The employees of the establishment are bound by the rules of the paymaster.
From India, Mumbai
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Personally, I feel that nowadays, certain fancy terms are simply copied from the HR practices of the West and applied to circumvent the provisions of Indian Labor Laws for the sake of easy hire and fire depending on market fluctuations of business. "Rebadging" is one of such terms, which simply means, as far as I am able to understand, converting a regular employee to the status of a contract labor or some kind of outsourced employee through a third-party agency.
Thus, when the very concept is viewed as unfavorable by the law, there can be no qualms about the alterations of the service conditions of the rebadged employee to his disadvantage. The choice before him is whether to remain employed at any cost or not.
From India, Salem
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Thus, when the very concept is viewed as unfavorable by the law, there can be no qualms about the alterations of the service conditions of the rebadged employee to his disadvantage. The choice before him is whether to remain employed at any cost or not.
From India, Salem
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Dear Umakanthan Sir,
I would like to have your opinion on the term "Rebadged Employee." This refers to an employee whose employment with the employer is terminated on the grounds of outsourcing but who then gets engaged with a contractor in the establishment of the principal employer.
Do agreements of this nature, involving outsourcing and contracting, not fall under the categories of sham and camouflage?
Thank you for your insights.
Best regards, [Your Name]
From India, Mumbai
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I would like to have your opinion on the term "Rebadged Employee." This refers to an employee whose employment with the employer is terminated on the grounds of outsourcing but who then gets engaged with a contractor in the establishment of the principal employer.
Do agreements of this nature, involving outsourcing and contracting, not fall under the categories of sham and camouflage?
Thank you for your insights.
Best regards, [Your Name]
From India, Mumbai
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Each establishment or employer has its own set of terms. Mere relation and contractor interchange cannot enforce the whole set of rules in any establishment, whether it is a PE or Contractor.
The query is as follows: [Earlier, my contractor had to be deployed at a site 30 km away from my residence. After relocating, the new workplace is 15 km away. Can I argue with the new company that I have to travel 30 km as per the previous posting?] Since neither the contractor nor the PE has changed, only the PE has been replaced. The contractor remains the same. In my understanding, the contractor has reassigned the individual to a different PE, where the retirement age is 55, which is considered a rebadging. This term is used by the employee. It is important to note that the contractor falls within the 60-year-old age bracket according to the post.
Let the contractor decide whether, if the new PE requests retirement at a younger age, the contractor can reassign the mentioned employee to another PE where retirement up to 60 years old is permitted.
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The query is as follows: [Earlier, my contractor had to be deployed at a site 30 km away from my residence. After relocating, the new workplace is 15 km away. Can I argue with the new company that I have to travel 30 km as per the previous posting?] Since neither the contractor nor the PE has changed, only the PE has been replaced. The contractor remains the same. In my understanding, the contractor has reassigned the individual to a different PE, where the retirement age is 55, which is considered a rebadging. This term is used by the employee. It is important to note that the contractor falls within the 60-year-old age bracket according to the post.
Let the contractor decide whether, if the new PE requests retirement at a younger age, the contractor can reassign the mentioned employee to another PE where retirement up to 60 years old is permitted.
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Certainly 'yes' Mr. Prabhat; that's what I indicated briefly in my response. While answering thus, I take into account the financial difficulties faced by some employers who are compelled to keep employees "on the bench" during non-availability of projects, as is often the case in the IT sector. However, ensuring a continuous flow of work is a managerial responsibility.
From India, Salem
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From India, Salem
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