Common use of Upon Transfer Clause in Contracts

Upon Transfer. Where an employee is appointed to a position having a maximum rate of pay which is the same as the maximum rate of pay of the employee’s former position, the employee’s salary shall remain unchanged; Where an employee accepts a position having a lower maximum rate of pay than that of the employee’s former position, the employee’s rate of pay on appointment in the new scale shall be equal to the rate was paid in the former position or when the rate was paid in former position exceeds the maximum of the range for the new position, rate in the new position shall be the maximum in the range. Notwithstanding the provisions of Clauses and where an employee is appointed to a position the occupational characteristics of which are substantially different from that of the employee’s former position, and the application of the provisions of Clauses or would yield a rate of pay substantially higher than that which would ordinarily be paid to a person with similar qualifications, at the discretion of the Employer the employee may be paid any rate in the range of rates applicable to the position to which the employee is appointed not exceeding the employee’s current rate.