Recently some of my friend share me " His organisation wants to shift him from present organisation to a new organisation (promoted by them). So he has to resign from this organisation and will be getting new appointment letter from new org".
My question is " can he demand for hike in salary".
Thanks with regards
From India, Hyderabad
1My question is " can he demand for hike in salary".
Thanks with regards
From India, Hyderabad
If the new job has different profile with different level of responsibilities and is more important tahn the present one and heahs the comptencies , he can demand a hike. Pay hike is not aritual to be associated with change of job.
B.Saikumar
HR & Labour Law advsior
mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law advsior
mumbai
From India, Mumbai
Dear Naveen
One has to refer the terms of appointment letter issued to the employee. Normally it is written in appointment letter that the job is transferable from one organization to another whether in existence or likely to came in existence without any extra/additional remuneration/compensation. In this case employee can not demand any increase in remuneration and if the employee fails to took the charge at new locations he/she may also liable for disciplinary action as transferring an employee is the prerogative of an employer
From India, Gurgaon
One has to refer the terms of appointment letter issued to the employee. Normally it is written in appointment letter that the job is transferable from one organization to another whether in existence or likely to came in existence without any extra/additional remuneration/compensation. In this case employee can not demand any increase in remuneration and if the employee fails to took the charge at new locations he/she may also liable for disciplinary action as transferring an employee is the prerogative of an employer
From India, Gurgaon
Thanks Apoorva for your response
As the orgnisation not mentioned about internal transfers or else something. Presently, he has to resign from present organisation and he will get new appointment letter from the next day of resignation. As you know the HR policy is strict in making Annual increments (AI), AI will depend the work his done in the tenure.
Thanks again
From India, Hyderabad
As the orgnisation not mentioned about internal transfers or else something. Presently, he has to resign from present organisation and he will get new appointment letter from the next day of resignation. As you know the HR policy is strict in making Annual increments (AI), AI will depend the work his done in the tenure.
Thanks again
From India, Hyderabad
If his present employer wants to transfer him to another sister concern company, he do not need to resign but it seems there is something wrong with your query or in communication between you and your friend. Please ask him again about it. Is he really ask to resign from the present job because if it is right than it would not be a transfer of employee case and he will be a new employee/joinee to this second company? Resignation means to the end of employment with a company/organization. Moreover, I wonder why one has not noticed this actually.
Second, he certainly can demand for hike in salary as he is gonna join new company (after resigning from Present Company). Also, as you said that he is gonna promote means going to responsible for more and new things which automatically allow to make request for hike in salary.
From India, Gurgaon
Second, he certainly can demand for hike in salary as he is gonna join new company (after resigning from Present Company). Also, as you said that he is gonna promote means going to responsible for more and new things which automatically allow to make request for hike in salary.
From India, Gurgaon
Dear Naveen
Anil Arora has told you correctly. For transfer, resignation letter is not required. If he is asked to submit resignation, then he must ask for F&F Settlement with due notice pay, retrenchment Compensation, Gratuity (if eligible), Leave Pay/Encashment of Leave and other necessary benefits. Then join the new company as like new candidate with salary hike as per the prevailing market.
If it is transfer with promotion, then obviously they have to give him the Promotion letter alongwith the transfer to new sister concern and in that letter the employer has to give the details about his compensation package, Retirement Benefits, PF amount continuation and regarding any other benefits existing and revised in the same letter.
From India, Kumbakonam
Anil Arora has told you correctly. For transfer, resignation letter is not required. If he is asked to submit resignation, then he must ask for F&F Settlement with due notice pay, retrenchment Compensation, Gratuity (if eligible), Leave Pay/Encashment of Leave and other necessary benefits. Then join the new company as like new candidate with salary hike as per the prevailing market.
If it is transfer with promotion, then obviously they have to give him the Promotion letter alongwith the transfer to new sister concern and in that letter the employer has to give the details about his compensation package, Retirement Benefits, PF amount continuation and regarding any other benefits existing and revised in the same letter.
From India, Kumbakonam
Thanks Arora
He is going to get Final settlement from the organisation. From the next he will be issued a new appointment letter. His nature of responsibilities and Job description will be the same. But the interesting thing is his leaves will be accumulated to the new one. He told that in final settlement, he is going to get Gratuity and can encash the all accumulated earned leaves, if he wants (no compulsion).
I would like to inform you that he is changing his career from developmental sector to companies sector. He is very much bothered in experience which combines both the sector. But the JD and other things will be the same as he was previously doing.
Thanks with regards
From India, Hyderabad
He is going to get Final settlement from the organisation. From the next he will be issued a new appointment letter. His nature of responsibilities and Job description will be the same. But the interesting thing is his leaves will be accumulated to the new one. He told that in final settlement, he is going to get Gratuity and can encash the all accumulated earned leaves, if he wants (no compulsion).
I would like to inform you that he is changing his career from developmental sector to companies sector. He is very much bothered in experience which combines both the sector. But the JD and other things will be the same as he was previously doing.
Thanks with regards
From India, Hyderabad
Well now i would just request you to wait and watch in this case. Because there is really a serious communication gap i can feel here..
A question "Can one see the two different sides of a coin at a time without switching side? Answer would be NO!
The same i wanna say here. If his F&F is in process (Resigned), would no longer be a part of company /not an employee. so how can he avail any leave when he is not an employee of them and how can his employer made this statement that he would still be eligible to get leave and other with new employer, how??? BECAUSE THIS IS NOT A CASE OF TRANSFER OF AN EMPLOYEE
Are they ready to give him all these promises under the terms and conditions of employment and if yes then how can they do that is really a big question comes here in that case.
Second, sector doesn't matter if he is eligible, performer, experienced and the work profile/function is same. Also you cant say it as a change in CAREER but Industry.
If an HR executive who has worked with an Manufacturing company, joins EPC company, is not changing career but Industry
From India, Gurgaon
A question "Can one see the two different sides of a coin at a time without switching side? Answer would be NO!
The same i wanna say here. If his F&F is in process (Resigned), would no longer be a part of company /not an employee. so how can he avail any leave when he is not an employee of them and how can his employer made this statement that he would still be eligible to get leave and other with new employer, how??? BECAUSE THIS IS NOT A CASE OF TRANSFER OF AN EMPLOYEE
Are they ready to give him all these promises under the terms and conditions of employment and if yes then how can they do that is really a big question comes here in that case.
Second, sector doesn't matter if he is eligible, performer, experienced and the work profile/function is same. Also you cant say it as a change in CAREER but Industry.
If an HR executive who has worked with an Manufacturing company, joins EPC company, is not changing career but Industry
From India, Gurgaon
Hello,
The question is not simple and no simplistic answers will do! Kindly consider the following:
1) Please confirm if the question is of new LOCATION or of a NEW COMPANY and a NEW LOCATION?
2) Is the ownership going to remain the same?
3) Do we know why is this arrangement being worked out?
4) Why is no "continuity of employment" being offered, as the arrangement offered is likely to adversely affect the "Gratuity" eligibility, "Bonus" eligibility etc!
5) If F & F is effected here and THEN a new appointment letter for a new job (in a new organization and/or new location), would be issued, what would be the terms & conditions (particularly the emoluments) offered in the new situation? What about the disturbance/relocation compensation especially as regards, where applicable, childrens' education, living accommodation, transportation of household effects, old parents staying with the a typical employee?
In the absence of any knowledge or details as to response to these and similar questions, it would appear to me that the employer would like to continue to receive benefits of knowledge and experience of the present employees and clearly avoiding responsibilities towards even the probable difficulties employees may have to face due to the shift to a new location and some of them may feel compelled to accept the terms being offered in the absence of a choice or possibility of job change which will take some time anyway!
So much for the HR orientation of the organization's culture! I accept I have NO right to sit in judgement, especially in the absence of knowledge of ALL pertinent facts, yet I fear my apprehensions could as well be well founded!
Respond, ladies and gentlemen!
Regards
samvedan
September 19, 2012
-----------------------
From India, Pune
The question is not simple and no simplistic answers will do! Kindly consider the following:
1) Please confirm if the question is of new LOCATION or of a NEW COMPANY and a NEW LOCATION?
2) Is the ownership going to remain the same?
3) Do we know why is this arrangement being worked out?
4) Why is no "continuity of employment" being offered, as the arrangement offered is likely to adversely affect the "Gratuity" eligibility, "Bonus" eligibility etc!
5) If F & F is effected here and THEN a new appointment letter for a new job (in a new organization and/or new location), would be issued, what would be the terms & conditions (particularly the emoluments) offered in the new situation? What about the disturbance/relocation compensation especially as regards, where applicable, childrens' education, living accommodation, transportation of household effects, old parents staying with the a typical employee?
In the absence of any knowledge or details as to response to these and similar questions, it would appear to me that the employer would like to continue to receive benefits of knowledge and experience of the present employees and clearly avoiding responsibilities towards even the probable difficulties employees may have to face due to the shift to a new location and some of them may feel compelled to accept the terms being offered in the absence of a choice or possibility of job change which will take some time anyway!
So much for the HR orientation of the organization's culture! I accept I have NO right to sit in judgement, especially in the absence of knowledge of ALL pertinent facts, yet I fear my apprehensions could as well be well founded!
Respond, ladies and gentlemen!
Regards
samvedan
September 19, 2012
-----------------------
From India, Pune
Dear Naveen Kumar,
The case that you have referred seems to have a combination of a transfer and a new appointment !!
So if it s not too late, he can ask for a pay hike or a high salary - whatever you call it.
V.Raghunathan..................................... ...............................Navi Mumbai
From India
The case that you have referred seems to have a combination of a transfer and a new appointment !!
So if it s not too late, he can ask for a pay hike or a high salary - whatever you call it.
V.Raghunathan..................................... ...............................Navi Mumbai
From India
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