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I am currently working and looking for job change. I need to provide/upload last three months payslips to my new (next) company HR after completing interview process. I am from India. I am changing my job.

If I upload my payslips then only new employer will come to know how much I am getting and based on that they will provide new pay(this must be higher than current pay that's why people look for job change).

Do I have right to unlock the payslip and and upload to new company website?

FYI - In India, one must have to give their salary slips (from previous) to new employer in order to get new pay (this must be higher than current. That's why one looking for job change). Without payslip, how new employer will come to know how much you are getting.

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    New company? You already have a job offer? Your salary is between you and your employer, you shouldn't give it out without an excellent reason.
    – Kilisi ♦
    Jan 23, 2021 at 13:27
  • @Kilisi - I am already working. New company needs my payslips but my payslips are locked. This seems exellence reason only as I am changing my job.
    – r15
    Jan 23, 2021 at 13:28
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    They should ask the HR at your old company, not you. How do you mean locked?
    – Kilisi ♦
    Jan 23, 2021 at 13:29
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    What right do they have to demand your payslips from a different company? The only entity that can by law demand your payslips is the tax man afaik...
    – Solar Mike
    Jan 23, 2021 at 13:30
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    I would strongly suggest people not familiar with India not answer. India has terrible anti-worker rules and a lot of stuff that’s unthinkable here is required there, so Western answers may not help and actively hurt the querent.
    – mxyzplk
    Jan 23, 2021 at 15:09

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I don't think it would be wrong to provide it but you're better off not providing it since the new employer is just hoping they can justify paying you less. Better to take jobs where the new employer is eager to pay you more than you made at your last job and not hounding you for proof.

Some say that you have no right to show what your employer is paying you. Nonsense because even if you signed an agreement saying the pay is secret, you always have the right to disclose your annual income as used for tax purposes and in India the government even issues Income Certificates (https://indialends.com/tax/income-certificate) that reveal that information. So you would still be able to say: "Here's my annual income" and let them do the math on it to figure out your monthly.

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You have the right to give up your other rights.

I can't see how this action would help you; but, you can do it. Basically you're letting your new employer know if they can pay below what they would normally offer.

With your last pay stub, they will know you'll see it as a raise, even if it was lower than what they would be willing to pay. If your last pay stub was much higher than what they would pay, they will only pay their maximum for the position.

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    "You have the right to give up your other rights." Legally speaking, this is commonly wrong. If the law said that you are entitled to a 13th paycheck every year and you negotiate an employee's salary to a higher value by having him waive his right to the 13th paycheck, you can be pretty sure that these unpaid checks will be charged in court, based on the higher salary value. In general "rights" determined by law cannot be waived and anyone signing a contract to waive a right is often understood to have been coerced into signing or defrauded. Other than that, this answer is okay.
    – Mefitico
    Jan 26, 2021 at 19:54
  • @Mefitico There are many contracts drafted where a person becomes barred from what would normally be legally protected speech. If you decide to exercise the speech, you breach the contract, with clear punishments as laid out in the contract. It's a bit of liberty to say you lose the right, but it is effectively trading a right for whatever you received in teh contract. Now it's impossible to waive them for nothing; because that's an invalid contract.
    – Edwin Buck
    Jan 28, 2021 at 0:18
  • You are probably thinking of a Public Relations Officer position, who is commonly said to have "no right to free speech", but that is somewhat a stretch of the expression. A PR officer can still say whatever he wants, firing him for cause normally requires proving that he damaged the company's image. In another analogy, you have the right to go anywhere in the country (if not trespassing private property), but if I pay you to guard my farm you fail to do your job by exercising your right to wander off through the countryside. Notice there are very few actual "rights" in common law.
    – Mefitico
    Jan 28, 2021 at 17:42
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    @Mefitico No I'm thinking of "right to first publication" which is a media industry contract between a person reporting their story and a publication (newspaper, etc). It bars the person from stating that specific story before the publisher can publish it, thereby increasing the value of the story. This has been used to suppress stories; by the publication not being a honest participant and never publishing the story.
    – Edwin Buck
    Jan 29, 2021 at 14:05
  • Analogs to this also exist in the Music industry, where artists caught in bad record contracts can be blocked from producing music, when they still have a record they must deliver on the contract, that the label (which has the control in these contracts) refuses to green-light (MC Hammer, and others). In these cases, it's contract law that overrides the "right"; because contract law is seen as a stronger bind (both parties having agreed to enter it, with an exchange of value) over one-sided laws (one party agrees to it, typically government, without your input).
    – Edwin Buck
    Jan 29, 2021 at 14:07
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If I read this excerpt correctly it seems that India has limits on what what employers can ask for in terms of personal info. Perhaps it might be a good idea to aquaint yourself with the labor laws of India. I hope the link below would be quite informative to you.

Here is excerpt of the law in India pertaining to employment:

https://knowledge.leglobal.org/wp-content/uploads/sites/2/LEGlobal-Employment-Law-Overview_India_2019-2020.pdf

Page 9 Section 3 Adresses restriction on interview questions.

  1. Restrictions on Application/Interview Questions Given Constitutional safeguards against discrimination on the grounds of religion, race, caste, sex and place of birth, it is imperative that employers bear these principles in mind while conducting background verifications and interviews. Excessively personal questions are generally not advisable. As mentioned above, the IT Rules apply to the collection of personal information during background verifications and during the interview process as well. In terms of the IT Rules, at the time of application, the employer must inform the concerned person of (i) the fact that his/ her personal information is being collected; (ii) the purpose for which the information is being collected (i.e. verification of credentials); and (iii) the intended recipients of the information (i.e. the employer and/or the third-party service provider who conducts background checks). The IT Rules further state that where any Sensitive Personal Data or Information (“SPDI”) is sought to be collected (such as passwords, financial information, bank account or payment instrument details, details of health conditions, sexual orientation, medical records and history), the same can be collected only for a lawful purpose connected with a function or activity of the company, and the collection of this information must be necessary to achieve such purpose. This purpose must be notified to the prospective employee in the application/background verification form/during an interview, and his consent must be obtained. It may be noted that the IT Rules permit a person to withdraw consent at any stage, in which case the company would be required to return the SPDI and not store or transfer the same any further. The IT rules prescribe certain additional safeguards for collecting, storing, processing and transferring SPDI - for instance, the IT Rules state that any SPDI collected by a company cannot be stored/ retained longer than required for the purpose of its collection, except under any applicable law. Apart from the above, it may be noted that Indian labour and employment laws are largely silent as to the process of selection and hiring of employees in the private sector. In any case, as market practice, most employers in India conduct at least basic (education, job history) background verification of prospective employees in accordance with the IT Rules and/or ask prospective candidates to disclose specific information as a condition precedent to the employment relationship.

I think they would need a more valid reason for requesting such info other merely to see how much they want to offer for salary . Is that information pertinent to the job?.

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    Where I live, and where I presume you live this is correct; but OP is in India, and employer/employee relations are tilted heavily towards the former compared to any western location. As a result lots of stuff that we'd consider unconscionably abusive is just the way things work there.
    – Dan Is Fiddling By Firelight
    Jan 24, 2021 at 15:44
  • With regard to India or any other non-western country I would not presume anything based on a preconcieved notion. India was once occupied by the British and after independance would have laws influenced by the British. when forming their constitution. Even in western countries employers sometimes act against the employees and have similar practices that are abusive despite laws prohibiting these abuses.
    – Old_Fossil
    Jan 26, 2021 at 7:40
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    @Old_Fossil no preconceived notions. Just the many, many India-tagged questions on this stack.
    – jcm
    Jan 26, 2021 at 9:31
  • This is a good answer, but in the document that Old_Fossil provided, it also mentions "Apart from the above, it may be noted that Indian labour and employment laws are largely silent as to the process of selection and hiring of employees in the private sector"
    – Julia
    Jan 26, 2021 at 12:31

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