Task: Check Position Of Parties Regarding Staff Transfer

This task should be executed by the local legal experts in the countries in which the current staff of the Client, the incumbents and/or service related third parties resides and/or in the country in which the company of the Client, the incumbents and/or third parties is based.

Even if there is a local law forcing Capgemini to offer the local resources a job at Capgemini, the Client, incumbent(s), service related third parties can have their own opinion about the staff transfer.

In some cases they mark staff to reside in the current organization, giving them a career opportunity in the new demand organization. In some cases they plan to make all the staff redundant. This could influence whether Capgemini has an obligation to take over staff. It is worthwhile to investigate the position of the current employers of the resources before concluding whether there is indeed a legal obligation to take over staff.

In some countries workers councils and/or unions have to be involved in any discussions around staff transfer and their rights are determined by law. The Service Engagement Staff work stream team not only needs to investigate whom to involve but also to investigate the position of those organizations so that it is possible to choose the right strategy.

The result of this task is logged in the Inventory Of Parties Position artifact, which can be an attachment to the Staff Transfer Strategy artifact.