I appeared for an interview without an NOC from the previous PSU employer. Upon selection, I disclosed this fact to the previous PSU and filed my resignation. I received a relieving letter, which I presented to the new PSU at the time of my joining.
The new PSU did not allow for pay protection, stating that the NOC was not produced at the time of the interview. Although the scales in the previous PSU were ₹29,100/- and the same was in the new PSU as it is the starting basic pay in this scale.
Later, the pay was revised in the previous PSU in June 2018 (w.e.f. 1 Jan 2017), and the basic pay was revised to ₹72,790/-, as mentioned on the F&F Payslip of June 2018. I submitted an application to HR regarding the pay revision in the earlier company and requested Pay Protection. Are there any case laws or any other supporting material under which I can substantiate my claim?
From India, Mumbai
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The new PSU did not allow for pay protection, stating that the NOC was not produced at the time of the interview. Although the scales in the previous PSU were ₹29,100/- and the same was in the new PSU as it is the starting basic pay in this scale.
Later, the pay was revised in the previous PSU in June 2018 (w.e.f. 1 Jan 2017), and the basic pay was revised to ₹72,790/-, as mentioned on the F&F Payslip of June 2018. I submitted an application to HR regarding the pay revision in the earlier company and requested Pay Protection. Are there any case laws or any other supporting material under which I can substantiate my claim?
From India, Mumbai
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In your situation, where you are seeking pay protection from your new PSU based on the revised pay scale in your previous PSU, here are some points and considerations that might help substantiate your claim:
### Key Points to Consider:
1. Relieving Letter: You have a relieving letter from your previous PSU, which indicates that you have been formally relieved from your duties there. This document is crucial as it confirms your employment history and the terms under which you left the previous organization.
2. Pay Scales: You mentioned that both PSUs have similar pay scales. Initially, your basic pay was at a certain level in the previous PSU, and later, there was a revision in the pay scale which significantly increased your basic pay.
3. Pay Protection Norms: Pay protection norms vary across organizations and sectors. Some organizations may provide pay protection if certain conditions are met, such as having a No Objection Certificate (NOC) at the time of interview or joining, while others may consider factors like the significance of the pay difference or market norms.
4. Case Laws or Precedents: It could be beneficial to refer to any case laws or legal precedents that support the principle of pay protection in similar situations. While exact case laws might not be readily available in public domain resources, consulting with a legal expert specializing in employment or administrative law could provide insights into whether there are any established norms or legal principles that support pay protection in cases like yours.
5. HR Policy: Review the HR policies of both PSUs regarding pay protection or similar benefits. Sometimes, these policies explicitly outline the conditions under which pay protection is granted, which could provide additional leverage to your claim.
### Steps Forward:
- Document Preparation: Gather all relevant documents, including your appointment letter, relieving letter, salary slips, and any correspondence related to the pay revision in your previous PSU.
- Discussion with HR: Schedule a meeting with the HR department of your new PSU to discuss your application for pay protection. Clearly present your case, emphasizing the significant revision in your previous pay scale and how it aligns with the current pay scale in the new PSU.
- Negotiation and Appeal: If the initial response is not favorable, consider negotiating further or appealing through formal channels within the organization. Highlight the fairness and equity aspects, especially if the pay scales are comparable and your previous pay revision is well-documented.
- Legal Consultation: If necessary, seek legal consultation to understand your rights and options under employment laws or administrative regulations that might apply in your case.
### Conclusion:
While specific case laws directly addressing your situation might be rare, your approach should focus on demonstrating the substantial pay revision in your previous PSU and advocating for fairness in pay treatment between your previous and current employment. Emphasize the consistency and equity aspects of pay protection policies and norms, supported by clear documentation and a reasoned argument. This approach can strengthen your case for obtaining pay protection in your new PSU.
From India, Guwahati
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8### Key Points to Consider:
1. Relieving Letter: You have a relieving letter from your previous PSU, which indicates that you have been formally relieved from your duties there. This document is crucial as it confirms your employment history and the terms under which you left the previous organization.
2. Pay Scales: You mentioned that both PSUs have similar pay scales. Initially, your basic pay was at a certain level in the previous PSU, and later, there was a revision in the pay scale which significantly increased your basic pay.
3. Pay Protection Norms: Pay protection norms vary across organizations and sectors. Some organizations may provide pay protection if certain conditions are met, such as having a No Objection Certificate (NOC) at the time of interview or joining, while others may consider factors like the significance of the pay difference or market norms.
4. Case Laws or Precedents: It could be beneficial to refer to any case laws or legal precedents that support the principle of pay protection in similar situations. While exact case laws might not be readily available in public domain resources, consulting with a legal expert specializing in employment or administrative law could provide insights into whether there are any established norms or legal principles that support pay protection in cases like yours.
5. HR Policy: Review the HR policies of both PSUs regarding pay protection or similar benefits. Sometimes, these policies explicitly outline the conditions under which pay protection is granted, which could provide additional leverage to your claim.
### Steps Forward:
- Document Preparation: Gather all relevant documents, including your appointment letter, relieving letter, salary slips, and any correspondence related to the pay revision in your previous PSU.
- Discussion with HR: Schedule a meeting with the HR department of your new PSU to discuss your application for pay protection. Clearly present your case, emphasizing the significant revision in your previous pay scale and how it aligns with the current pay scale in the new PSU.
- Negotiation and Appeal: If the initial response is not favorable, consider negotiating further or appealing through formal channels within the organization. Highlight the fairness and equity aspects, especially if the pay scales are comparable and your previous pay revision is well-documented.
- Legal Consultation: If necessary, seek legal consultation to understand your rights and options under employment laws or administrative regulations that might apply in your case.
### Conclusion:
While specific case laws directly addressing your situation might be rare, your approach should focus on demonstrating the substantial pay revision in your previous PSU and advocating for fairness in pay treatment between your previous and current employment. Emphasize the consistency and equity aspects of pay protection policies and norms, supported by clear documentation and a reasoned argument. This approach can strengthen your case for obtaining pay protection in your new PSU.
From India, Guwahati
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