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Post Info TOPIC: Staff Movement from Company Owned Store to Franchise Owned Store
Anonymous

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Staff Movement from Company Owned Store to Franchise Owned Store
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Greetings all

My Query relates to the following ; If a Retail/Hospitality chain has Company owned and Franchise Stores, is it legal for them to transfer a person from a Company owned Store to a Franchisee store, which does not fall under the Company Umbrella?

Did some reseasrch on the interwebz to no avail.



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Anonymous

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When you say transfer, do you mean that you will have a new employer? That can only be happen in terms of a transfer of business as a going concern in terms of S197 of the Labour Relations Act.

It would rather probably be the case that you will still remain in the employment of the umbrella company but merely be operating at a different location. This might mean supporting the franchise outlets to ensure that they comply with the standards required of them in terms of their franchise agreement. There is nothing sinister about that in itself, should that be the case. However, you do need to make certain of the identity of your employer.



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