Activity: 02.05 - Investigate Obligations Of Staff Transfer
The objective of this activity is to investigate whether Capgemini has an obligation to take over staff of the Client, Incumbents or service related Third Parties.
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Description

This activity should have been executed already during the sales phase because this could have a major impact on the engagement costs and the Services Delivery Model. If not, it definitely has to start in the Preparation And Design phase.

It does not matter whether Capgemini would like to take over staff, whether Capgemini could use the staff for service management and/or service delivery, whether the staff prefers to be taken over. This activity is aimed at investigating whether staff take-over due to a local legal obligation is possible.

Local laws are different all over the world. The parties to involve are also different all over the world. This activity and tasks need specific local legal and HR expertise.

Taking over staff of the Client, incumbents or service related third parties because Capgemini would like to use their individual expertise, could be done through an one-by-one recruitment. Please be aware that in some countries offering jobs to employees of the Client, incumbent or third party can be associated with mandatory procedures both based on law and on expected professional conduct. There might also be a risk that through offering one person a job at Capgemini, Capgemini can be forced to take over all employees currently working in the area in scope of Capgemini’s future service delivery. Before offering individual employees a job at Capgemini it is wise to check this risk with both local legal and HR expertise.