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Employee transfer from one company to a newly partnered company

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virus05


Arresto Menor
Hi All,

I am employed in my current company for more than 4 years now, the current company sold the product to a newly partnered company. Together with the purchase, the people involved in that product will be given new contracts because we are all included in the purchase. They wanted to carry our tenure to the new company.

1. Is the transfer of tenure legal?

2. Would like to know if we can demand for separation pay from the current company before we sign the new contract?

3. Any law or articles pertaining to this situation?

Thanks for the help

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lukekyle


Reclusion Perpetua
1. yes it is legal. make sure to get it in writing though
2. You can ask for separation pay but cannot demand. If the new company wants you, you may have bargaining power. If your current company is merely shipping you off because they have no use for you anymore then you're options are, you can refuse the transfer and stay with your current company. If the current company shuts down for any reason other than business losses you can demand for separation pay. If you refuse the transfer the company may put you in floating status for 6 months, after 6 months they may call you back to work or pay you separation pay.

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council

avatar
Reclusion Perpetua
virus05 wrote:Hi All,

I am employed in my current company for more than 4 years now, the current company sold the product to a newly partnered company. Together with the purchase, the people involved in that product will be given new contracts because we are all included in the purchase. They wanted to carry our tenure to the new company.

1. Is the transfer of tenure legal?

2. Would like to know if we can demand for separation pay from the current company before we sign the new contract?

3. Any law or articles pertaining to this situation?

Thanks for the help

1. Transfer of tenure is legal. I've experienced it before too.

2. Usually transfer of tenure and separation pay are mutually exclusive. If you receive separation pay, your tenure reverts to zero in the new company and you may be considered new hires or probationary.

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virus05


Arresto Menor
Thanks mga sir!

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