| DEAR ALL DEAR ALL OUR IS A COMPANY AND SINCE 01JAN09 OUR COMPANY HAS JOINED HANDS WITH TWO OTHERS COMPANIES TO FORM A JOINTVENTURE COMPANY. NOW THE JOINT VENTURE COMPANY HAS STATRTED ISSUING APPOINTMENT LETTERS TO ALL EMPLOYEES AND THERE IN CHANGE / CURTAILMENT OF LEAVES AND HAS ALSO INCREASE THE WORKING HOURS FROM 45HRS PER WEEK TO 48 HRS PER WEEK. AND ALSO HAS STATED NEW CONDITIONS IN APPOINTMENT LETTERS. IT ALSO STATE THAT YOUR SEVICES HAS ALSO BEEN TRANSFERED TO NEW JOINVENTURE COMPANY. UNDER THE SAME KINDLY SUBMITT THE QUERIES? 1. CAN WE PRESUME THAT OUR SERVICES HAS BEEN TRANSFERED WITH CONTINUITY OF SERVICE? 2. ARE WE BOUND TO FOLLOW THE NEW SERVICE CONDITIONS WHICH ARE PREJUDICAL WHAT IT WAS EARLIER? 3. WHAT LEGAL REMIDY WE CAN FOLLOW AND WHAT ARE THE PROCEDURES TO BE CARRIED. YOUR COMMENTS WILL BE HIGHLY APPRICIATED Dear Batranasai, 1. Unless there is indication in the what has been issued by the new Employer ( Joint- Venture Company), is a Fresh Appointment Order, the service of erstwhile employees will be treated as continuous. In the instant case, it is only transfer of services from previous company to the Joint Venture company. It would however be advisable to check up how PF dues are paid every month. 2. Under Se. 25FF of ID Act, the terms and conditions applicable to the workmen after such transfer are not in any way less favourable to the workmen than those applicable to him immediately before the transfer. One cannot jump to the conclusion that the new terms are prejudicial to the workmen just on the basis of increase in no. working hours and leave curtailment. We have to have a holistic picture of the incentives, bonus, promotion policy etc. A.Irudayam Advocate and HR Consultant +919940686632
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