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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1336
Experience:  BLC LLB (Pret) LLM (Augsburg)
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Hope you well When a company is being transfared according

Customer Question

Hi hope you wellWhen a company is being transfared according to LRA 197 what are the rights of an employee,more especially when you transfared to an outsource?
Can an employee be involved and have a say in the process?
Submitted: 3 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 3 months ago.

Hi there,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

This is a further information request so that I can provide you a proper answer to your legal question. Please continue in this same question thread.

What do you mean "especially when you transferred to an outsource?"

In terms of section 197 of the LRA, when a business is sold from A to B, it is a requirement that all of the employees are moved from A's employment to B's employment in a single transaction. There must be no "break" in service. The employment simply continues.

The employees don't have any right to be involved in the process since they are moving "with" the business. The only change is the employer.

Pretend I have my own shop like Pick 'n Pay, and I have a whole host of employees. If I sell my shop to Woolworths (for example) then all of those employees would simply become Woolworths employees.

Awaiting your further information.