We're being outsourced

ohtwo

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Hi,

Myself and 450 of my colleagues were told yesterday that by January 1st 2008 we will all be outsourced to another company. You can guess what company I work for by my username!

My question is, if I dont want to move to that other company, do I have a legal leg to stand on? I joined my current company and accepted their T&Cs because I wanted to work for them, not this other company. Do I have any grounds to refuse to move or is it a case of hard cheese?

Thanks
 
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Re: We're being outsourced!!

Basically it is a case of hard cheese.

What happens is your current contract is transfered to the new company under the transfer of undertaking rules. All this is that you continue with the new crowd as if nothing changed.

If you don't want to transfer you simply resign. I was thru the same process recently and that was the situation.
 
Surely this depends on what the terms are for the move. For example:-

1) Salary and status protected
2) Job location protected
3) Job function protected
4) Length of service protected ?

What is the story if you are moved and shortly after made redundant ? 450 employees is a lot to move out to another company, which will probably look to do the same functions cheaper and more effeceintly, which points to one thing to me!!!

P.S am in same position as OP, it would be great to get some clarification as to what exactly are an employees rights in this situation, it is a daunting process for an employee to have to face without some sort of independent advice and support.

Wexfordman
 
If all 4 points are unchanged there is no entitlement to redundancy.

I suggest seeing a good employment law solicitor for advice.
 
This is very definitely not referring to the specific current thread but much outsourcing is still local, but even small companies are looking at outsourcing to foreign destinations. I feel the computer industry here can no longer be seen as a strong long term career despite all the guff about 17,000 vacancies.
 
...We will all be outsourced to another company.....

When you say you will be 'outsourced' to another company what exactly do you mean? Is your company selling part of its business to another company?

Are you members of a trade union?

Have you tried contacting DETE?

DETE Employment Rights Section
Quote:
The Section is available for contact at:
Employment Rights Information Unit
Room G05
Davitt House
65a Adelaide Road
Dublin 2
Telephone: + 353 1 631 3131
LoCall Number 1890 201 615
Fax: + 353 1 631 3329
E-mail Address:erinfo@entemp.ie
Opening hours: 9.30 am - 5.00 pm (including lunchtim
aj
 
This is very definitely not referring to the specific current thread but much outsourcing is still local, but even small companies are looking at outsourcing to foreign destinations. I feel the computer industry here can no longer be seen as a strong long term career despite all the guff about 17,000 vacancies.
The practice of outsourcing does not always follow the theory.

The school of thought in the company I work in was that the software project could be managed from Europe with the implementation left to India. The reality was that code modules coming from India was often written poorly and troublesome to integrate. The difficulties were such that the practice stopped and that Indian office was assigned a testing role rather then development.

The problem for India is that the best and brightest end up leaving the country to pursue more lucrative careers in the US or Europe.
 
I've worked with bad and very good indian companies, in my experience they are just getting better with time. Same with any market. Language difficulties still remain even with the best of them. Some types of work and services will move no doubt. I reckon in the long term the IT market will shrink but some areas will remain where local skills are needed, and where local people have added value, for vaious reasons. People skills, experience in the local market etc. Being on site etc.
 
We have just been through this process also. Take a look at the explanatory booklet for the Protection of Employees on a Transfer of Undertaking - available at DETE www.entemp.ie.The regulations are quite clear on the protection of terms and conditions of work which are contractually agreed.

However there was a huge area of concern from our staff regarding the company culture we were moving to, management styles, future plans for the business, protection of existing work benefits/extras which were not covered by contract but based on custom and practice. (eg flexible work practices, bonus, extra days off etc.)

We organised ourselves in to a group of reps (allowed for under TUPE regs) and attended regular information, Q & A sessions and really nailed the new company for information on all our concerns, queries, issues etc .Important to record all meetings, minute everything and get agreement. The company we moved to were quite helpful during this process.

To be honest, its business as usual, same terms, same job, same building. The HR side has tightened up a bit on attendance, sick leave but this is not a big deal.

This happened 2 years ago and so far no reduction in workforce or hint of it.

cheers
 
We were also through the same process but things didn't work out well at all. The company was very upbeat and was all smiles no job losses nothing will change no need to worry etc.

The takeover went ahead and then suddenly depts were axed and the staff redeployed to depts they did not want to work in. Some suffered severe loss of terms and conditions, less money more hassle. No redundancy offered.

Net result an industrial relations nightmare. It is a right mess of a situation now.
 
Hi Moral,

Can I ask, was there a union ?
We have just been through a redundancy program, and now found out we are facing an outsourcing process. Feel pretty sickened, and not to confident about the future. Been working in telecoms/it nearly 20 years, and never been anywhere near a union, but feel maybe am out of my depth now, and might need the advice and support of one ?

Regards,
Wexfordman
 
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