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Old 17.07.2015, 00:25
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Restructuring – roles transferred internally.

I work in a department under a manager who was recently made redundant by the company, he’s leaving soon. The department he managed is being dissolved and the team disbanded and transferred to other departments without any consultation process with those impacted.


Our roles theoretically remain the same in the new departments. However in reality this is not actually the case. My work will be split and under the new department I will not have the chance to continue a number of current responsibilities. These are important to me, they are stated in my current job description and form part of my decision to join this company.


Therefore my questions are as follows.
1. Is the company legally allowed to restructure internally by transferring our roles to other departments and make changes to our real world job responsibilities without revising our job descriptions, titles and work contracts?


2. If demanded would the company be able to sneak around providing us revised contracts to avoid any potential rejection / challenges for revised conditions?


3. For info - the company has already announced to the wider business that our department will no longer exist (new company reporting structure presented) and we are receiving interim work certificates from the manager who is leaving for our services under him.


Thanks for all your inputs.
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Old 17.07.2015, 02:08
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Re: Restructuring – roles transferred internally.

You can leave if you don't like it, or refuse a new contract
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Old 17.07.2015, 02:36
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Re: Restructuring – roles transferred internally.

No. Your company has no right to restructure in the manner which it considers to be fiscally sound without first checking with you personally. I would make a big stink about this and demonstrate to all your keen business savvy.

Your entire department was just made redundant and you are worried about old job duties? Personally, I would be looking to my new manager and asking myself how to demonstrate my continued value to the company because unless you were the top guy in your old dept., you are now most likely the low man on the totem pole in your new one and he/she is probably being asked to cut additional costs too.

That is of course if you are still interested in working there. They moved the cheese on you. It happens. You have to decide- do I stay or do I go?
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Old 17.07.2015, 08:19
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Re: Restructuring – roles transferred internally.

If your terms have changed significantly (e.g. working hours or salary) then the firm cand update your current contract with your agreement.

Otherwise they can just terminate your current contract with the appropriate notice period and offer you the opportunity to sign a new one. You can decline the new contract and leave the company.

Essentially, the company has no real issues with you potentially challenging their decision. From their point of view, you accept it or leave.

I'm sorry, that's probably not what you wanted to hear, but the employer in Switzerland tends to have the upper hand.
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Old 17.07.2015, 13:58
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Re: Restructuring – roles transferred internally.

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I'm sorry, that's probably not what you wanted to hear, but the employer in Switzerland tends to have the upper hand.
The employer has an identical hand to the employee & can terminate the contract on identical terms. What could possibly be unfair with that?

Last edited by 3Wishes; 17.07.2015 at 16:26. Reason: fixed quoting
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Old 17.07.2015, 16:29
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Re: Restructuring – roles transferred internally.

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No. Your company has no right to restructure in the manner which it considers to be fiscally sound without first checking with you personally....
Er...what? Companies restructure all the time and don't bother to check with every single employee to see how they feel or may be impacted. They just do it and the employee can lump it or leave it. They do need to notify employees and write new contracts, but the idea they have to "check with you personally" before making a move sounds a bit inaccurate.
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Old 17.07.2015, 16:56
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Re: Restructuring – roles transferred internally.

Happens to us all the time.

Read through your HR protocol if your company is big. It is likely to talk about demotion in the same section as promotion.

And like someone above said - if your boss just got shafted, count yourself very very lucky that you still have a job. It is ever likely that your boss fought for it!
And prove to the new department that you are good enough to take on your old tasks again.

Think of what would have happened to Kodak if they didn't restructure and move with the times/cheese.

Goals of life and businesses change.


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Old 17.07.2015, 17:20
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Re: Restructuring – roles transferred internally.

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No. Your company has no right to restructure in the manner which it considers to be fiscally sound without first checking with you personally. I would make a big stink about this and demonstrate to all your keen business savvy.
Excuse me?
Why in the world would the company have no right to do that? They have, and they do.

Normally, I have seen what I personally consider good and sound employers talk to their employees, at the very minimum the ones in key positions in the departments that are being restructured, and they are generally provided alternatives - which the employee can accept or not. In some cases, I have seen employees being let go with a "thank you and goodbye" - you and I may not like it (and I don't - not all restructurings are created equal!), but I understand that both the employer and the employee have the right to terminate at will (with the proper notices), so I think that both sides are in their full right.

OP: I don't know your/your company's facts, but if your department is restructured to create economic substance elsewhere, and this substance is partly or fully dependent on the responsibilities you mentioned, you (or anyone else) cannot continue to perform those functions, because that would put a dent in the structure. Now what sounds funny is that, if this is their objective, they would not change job descriptions to match the actual change in responsibilities - usually we find the other way around (i.e. companies changing job descriptions but in reality it all stays the same) and enter in endless arguments. I could continue forever but will stop here.
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Old 17.07.2015, 17:37
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Re: Restructuring – roles transferred internally.

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Er...what? Companies restructure all the time
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Excuse me?
Why in the world would the company have no right to do that? They have, and they do.
I think he knows that. I sense he was being sarcastic.
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Old 17.07.2015, 17:57
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Re: Restructuring – roles transferred internally.

Affirmative.


Detector calibration - check.


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Old 17.07.2015, 18:20
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Re: Restructuring – roles transferred internally.

Oooppps!

I could never get sarcasm and possibly never will. Sarcasm detector fail
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