Thread regarding Oracle Corp. layoffs

How does Oracle Avoid Paying Severance in Canada? Make a new ULC to go bankrupt, aka protection from creditors and restructuring.

The Senior Director of Human Resources for Oracle in Canada announced on April 29th the following Global Corporate Project.

I will say off the top, it is very suspicious that this restructuring is being lead by HR.

After all, it is HR who are responsible for RIFs and severance payout calculations.

Driving Efficiencies at Oracle—Global Corporate Project


Driving Efficiencies at Oracle

Oracle is implementing an efficient, long-term and sustainable global services corporate structure. Our Human Resources team, along with other cross-functional teams, is helping to implement this effort.

Currently we are focused on reviewing Oracle's internal structure for global activities including cross-country expense charge backs, research and development (R&D), and billable consulting with regard to

cross charging mechanisms to help us be more efficient.

What Does This Mean for Canada?

In Canada, Oracle has three different subsidiary companies that employ our people: Oracle Canada ULC, Oracle Taleo R&D ULC, and Oracle Numetrix Company.

The project team has determined that the optimal long-term structure is for all Canada employees to be in two subsidiary companies instead of three, Oracle Global Services Canada ULC and Oracle Canada ULC.

This change is administrative in nature. All three subsidiaries offer the same benefits and moving from one subsidiary to the other should not significantly impact your day-to-day activities.


Both subsidiary companies Taleo and Numetrix only exist as a result of acquisitions, they were not part of any intentional corporate structure, they just happened.

There is no real efficiency by going with two separate subsidiary companies, the most efficient would be to consolidate into just one subsidiary in Canada.

The only reason for going with two, is so that one subsidiary can be put under protection from creditors before a huge RIF.

This allows for our US parent to completely avoid the legal requirement to pay out severance packages that would be required by a going concern in Canada.

Once the restructuring is complete, the impacted subsidiary can go right back to work with a much smaller and cheaper workforce.

Place your bets, will it be Oracle Global Services Canada ULC or Oracle Canada ULC that will be restructured.

For those of you not in Canada, and those in Canada who don't know, check out severancepaycalculator dot com to see what Canadians are legally entitled to.

Keep in mind, the numbers given do not include payment for signing away the right to sue, that costs even more!

I give it six months to a year for one of these subsidiaries to have a manufactured bankruptcy and many hard workers to get the shaft!

No, I am not a lawyer, this is just my opinion. Keep in mind you don't have to look very far to find an example.

Remember what happened to Sears Canada, the workers got screwed while the executives got a big bonus for winding down the business.

If our parent (Oracle U.S.) company tries this, one can only hope the Canadian courts will be smart enough to see through it and reject it.

If anyone is offended by the above, please track the IP I used through my personal VPN to my local Tim Horton's and do something about it.

Good luck EH!

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| 4142 views | | 14 replies (last May 13, 2019) | Reply
Post ID: @OP+YZAhBGS

14 replies (most recent on top)

The general consensus here is that things are already broken, so anything can happen. That being said, I hope you are right. Unfortunately Wall Street rewards those who make the deepest cuts and get away with it. Once we are two separate ULCs, the chances for workers to get burned just go up.

Only time will tell if appropriate and well deserved severance gets paid in Canada, it all goes up in smoke Viking style, or just gets badly beaten down like a yacht going from Sydney to Hobart.

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Post ID: @3kxz+YZAhBGS

Oracle's not going to create a "viking ship" to get rid of employees. The reputational damage from that would far exceed the costs of simply paying severance. Oracle is a master at releasing employees in an orderly fashion, and wall street rewards them for doing that. Why fix what isn't broken?

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Post ID: @3ark+YZAhBGS

it's not only Canada, same thing happening in EMEA and APAC. not sure about NA and LAD.

the 3 geniuses decided that Oracle can shine again if services are put alone.

still not clear if services sales will be part of the move. if not, the new Global Services will be a cost-center org with internal cross-charge, or possibly the new org will be paid by Oracle for a "service", in both cases making it much easier to layoff people in the new Global Services, and eventually sell all the unit to a 3pp.

this last scenario is not so incredible if Oracle guarantee a contract with a certain amount of money for a certain amount of time. indeed, it's the most logical, easy and quick way to cut between 10% and 30% of the current wf, following MH idea of a skeleton agile (tele)sales-only company.

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Post ID: @3iyb+YZAhBGS

Sounds like the Canucks are screwed.

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Post ID: @3nrz+YZAhBGS

Are you forking kidding me?


Q. 2 What will the WEPP provide and how will it work?

The Wage Earner Protection Program (WEPP) will protect up to $3,000 of workers’ unpaid wage and vacation pay due to a bankruptcy or receivership under the Bankruptcy and Insolvency Act.

It is estimated that 97% of all unpaid wage claims would be satisfied in full, within the $3,000 cap.

https://www.ic.gc.ca/eic/site/cilp-pdci.nsf/eng/cl00783.html


That is $3000.00 total, not per month!

Try again, please!

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Post ID: @3ygr+YZAhBGS

http://www.mondaq.com/canada/x/184264/Employee+Benefits+Compensation/Employees+Claims+In+Canadian+Bankruptcy+And+Receivership+Proceedings

"The Wage Earner Protection Program (WEPP) applies to receiverships as well as bankruptcies of an employer that took place after July 7, 2008. This program has been established under the Wage Earner Protection Program Act (WEPPA) and is administered by Service Canada. The WEPP reimburses eligible employees for unpaid wages, vacation pay, severance pay and termination pay that are owed after an employer becomes bankrupt or is subject to a receivership under the BIA. The employee must file a claim with Service Canada within 56 days of the date of bankruptcy or receivership."

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Post ID: @3qjc+YZAhBGS

You would suspect wrong, it's not fair but true. Ten cents on the dollar, if we're lucky.

If that phone call comes before a bankruptcy is "engineered", that would be just fine, if the call comes after, then that's a problem, see above.

Hey YZAhBGS-2luz haters gonna hate, but karma's a b--ch. I hope you can turn your life around soon.

If I see you at Tim Horton's I'll buy you a double double, cheer up.

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Post ID: @2adb+YZAhBGS

I suspect that in the event of a BK that employees are at the front of the liquidation/payout line, meaning they would get their wages and severance paid first before other creditors would get paid.

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Post ID: @2dtr+YZAhBGS

If you are an employee of Oracle Canada beware of Oracle USA; your job might just depend on a phone call away...

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Post ID: @1umf+YZAhBGS

Outsourced to Canada, that's a good one.

Oracle Corporation was founded June 16, 1977.

Oracle Corporation Canada Inc founded 1984.

Please educate yourself before you speak.

Oracle came to Canada because back then there was a lack of skilled people everywhere and Oracle wanted to sell as much as possible. No sales without a big local presence back then, yes, I would know.

HR is responsible for IMPLEMENTING RIFs and severance payout calculations. Does that clarify it for you?

It's not fraud without proven intent, and if any application is approved by the courts, the chances of being able to do anything about it are slim to none.

One can only hope this gets some attention and Canadian regulators catch on before an application ever gets submitted so they can speak up and let it be known they are watching.

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Post ID: @ngy+YZAhBGS

Can this conduct be prosecuted under common law fraud statues? Ask the prosecutors in your jurisdictions, as the intent here is clearly to avoid certain laws and it is clearly part of a predetermined plan, so in other words premeditated fraud.

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Post ID: @pcp+YZAhBGS

What comes around goes around; Oracle has been outsourcing lots of jobs to Canada ; now in a downturn, Oracle Canadian jobs are going away.

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Post ID: @qft+YZAhBGS

I don't agree that HR is "responsible" for rif's. They have to follow whatever the policy is for payouts - they don't just make it up - they're told by management what to do. Same for who get's rif'd - they give management the numbers, salaries and job codes but they don't chose who stays or goes. But they are the tools of the 3 stooges and don't mistake them for your advocate, they aren't. They work for management and have little say in what happens. They are very good at their jobs of riffing, it's almost seamless now to layoff 100's of people and fedx them the paperwork.

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Post ID: @rla+YZAhBGS

Same thing is happening in EMEA. They are creating Oracle Global Services COUNTR_NAME and moving some employees into those companies. It was announced today by HR in my country in EMEA. I suspect the purpose is to ease the RIF and things like that, or maybe to go for sale or something.

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Post ID: @hcs+YZAhBGS

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