Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

HARISH BHAT C (Senior Officer)     24 September 2013

Salary fixation in case of business transfer

Presently I am working in PSU. Business of my earlier employer (Pvt sector) is transferred w.e.f 01.04.2007.  Which was bound in to a business transfer agreement. Where my services uninterrupted. Agreeement also mentioned that "the present CTC should not be lowered or less favourable to the employee".  My date of joining previous employer was maintained  as it is as 15.10.1994.

Managing director invited all the employees to the family with his mention that business was acquired.

Grades were fixed and informed to all the employees over intranet. A letter was issued to us where terms and conditions of the employement. salary etc mentioned. with a note that the salary will be restructured as and when PSU scale is made applicable tentatively 01.04.2007.

Grade was fixed by new employer in non management cadre with  Basic salary of Rs. 14770/- (Min Basic of that Grade was Rs. 8930/-)

Now as all the PSU new scale of pay was made effective from 01.04.2007 with my grade min. basic Rs. 14800/- . Now the company management is delaying the decision in salary fixation. Meanwhile my salary had gone negative by Rs. 2.83 Lacs and they were recovering it at Rs. 15000/- p.m. after Long term settlement with Union employees.

Representation was made to Management anomaly committee. Ultimately they are paying me Rs. 4310/- p.m which wipe out the negative salary in Jan 12. The adhoc is continuing still now.

 

1. Whether Management is right in doing above?

2. What is ad hoc ? whether it is paid against pending fixation issue?

3. Whether I am eligible to get the salary of the similar grade employee ? (When grade was matching employee who match to qualification, experience etc, now that employee is getting double the basic of me)

4. Please help in knowing the legal implication and how to proceed on it ? I do not leave the case as leaving it will feel me to be a coward? I am right?



Learning

 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register