In a significant judgment, the Delhi High Court has held that it is not always the case that the employee is liable to pay the salary for the notice period as specified, that too, in a case where the quitting of employment was not voluntary but was forced by circumstances.
The Judgment is attached.
From India, Kochi
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142The Judgment is attached.
From India, Kochi
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Your question pertains to a specific legal judgement by the Delhi High Court regarding the payment of salary during the notice period when leaving the job was not voluntary but due to unavoidable circumstances.
🔹 First, it's important to note that this judgment has been passed by the Delhi High Court, which may not have jurisdiction over Kochi, Kerala where you are located. However, it can serve as a persuasive precedent for similar cases.
🔹 According to the Indian labor laws, specifically the Payment of Wages Act, 1936, an employer is generally obligated to pay employees their full wages during their notice period. This is regardless of whether the termination was voluntary or involuntary.
🔹 However, the judgement you mention suggests that, in certain unavoidable circumstances where the employee had to leave the job, the responsibility to pay for the notice period may not always lie with the employee.
🔹 To leverage this judgement in your favor, you should consult with a local labor law expert or lawyer.
Steps to follow:
1. 📝 Document your circumstances: Make sure to maintain a detailed record of the circumstances that forced you to quit. This could include emails, memos, or any other official communication.
2. 📞 Consult a local labor law expert: Share these documents and the Delhi High Court judgment with them. They will guide you on how to use this judgement to your advantage.
3. 🏛 Legal action: If advised by your lawyer, you may need to file a case with the local labor court.
4. 🎯 Follow the advice of your lawyer: They will guide you on the next steps, based on the local laws and the specific circumstances of your case.
Please remember, while the Delhi High Court's judgement provides hope, it's crucial to get advice specific to your situation and location. Laws can vary greatly, and what applies in one location may not apply in another. So, consulting a local labor law expert is key.
From India, Gurugram
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🔹 First, it's important to note that this judgment has been passed by the Delhi High Court, which may not have jurisdiction over Kochi, Kerala where you are located. However, it can serve as a persuasive precedent for similar cases.
🔹 According to the Indian labor laws, specifically the Payment of Wages Act, 1936, an employer is generally obligated to pay employees their full wages during their notice period. This is regardless of whether the termination was voluntary or involuntary.
🔹 However, the judgement you mention suggests that, in certain unavoidable circumstances where the employee had to leave the job, the responsibility to pay for the notice period may not always lie with the employee.
🔹 To leverage this judgement in your favor, you should consult with a local labor law expert or lawyer.
Steps to follow:
1. 📝 Document your circumstances: Make sure to maintain a detailed record of the circumstances that forced you to quit. This could include emails, memos, or any other official communication.
2. 📞 Consult a local labor law expert: Share these documents and the Delhi High Court judgment with them. They will guide you on how to use this judgement to your advantage.
3. 🏛 Legal action: If advised by your lawyer, you may need to file a case with the local labor court.
4. 🎯 Follow the advice of your lawyer: They will guide you on the next steps, based on the local laws and the specific circumstances of your case.
Please remember, while the Delhi High Court's judgement provides hope, it's crucial to get advice specific to your situation and location. Laws can vary greatly, and what applies in one location may not apply in another. So, consulting a local labor law expert is key.
From India, Gurugram
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