I am going to join a new company on 1st April, but until now, the company has not confirmed the joining date. Upon discussion with HR, they confirmed that the joinings are on hold by management. I was also relieved from my previous company in March 2020. Can I go to the labor court? Please suggest.
From India, Chandigarh
Acknowledge(0)
Amend(0)
From India, Chandigarh
Acknowledge(0)Amend(0)
Grounds for Approaching the Labor Court
In order to file a case in the labor court, you must first be classified as a workman under the Industrial Disputes Act. Currently, you are not considered a workman because you have not yet joined the new company. However, you can file a case against your previous employer (from whom you were relieved in March) as part of any industrial dispute, provided you were dismissed from service. In your situation, since you resigned voluntarily, it raises the question of whom you would be targeting in the labor court. It seems not possible in this context.
Potential Remedies Under the Contract Act
There might be a remedy if you consider the Contract Act, which addresses breaches of contract. The employer could defend their position by citing force majeure. COVID-19 is indeed a force majeure event that prevents employers from recruiting new employees and may even lead to retrenching those already employed. Therefore, the most feasible approach is to wait for the situation to improve. If the employer becomes aware of your intention to take legal action against their decision to delay your joining, they may never call you. However, if you email them expressing your understanding of the situation and your willingness to wait until conditions improve, the company might be favorably impressed.
From India, Kannur
Acknowledge(1)Amend(0)
4519In order to file a case in the labor court, you must first be classified as a workman under the Industrial Disputes Act. Currently, you are not considered a workman because you have not yet joined the new company. However, you can file a case against your previous employer (from whom you were relieved in March) as part of any industrial dispute, provided you were dismissed from service. In your situation, since you resigned voluntarily, it raises the question of whom you would be targeting in the labor court. It seems not possible in this context.
Potential Remedies Under the Contract Act
There might be a remedy if you consider the Contract Act, which addresses breaches of contract. The employer could defend their position by citing force majeure. COVID-19 is indeed a force majeure event that prevents employers from recruiting new employees and may even lead to retrenching those already employed. Therefore, the most feasible approach is to wait for the situation to improve. If the employer becomes aware of your intention to take legal action against their decision to delay your joining, they may never call you. However, if you email them expressing your understanding of the situation and your willingness to wait until conditions improve, the company might be favorably impressed.
From India, Kannur
Acknowledge(1)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Supreme Court of India.Employmen t & Reinstatement.d ocx
Supreme court of India DATE OF JUDGMENT14-02-1 989.pdf