I am going to join new company on 1st April but till time company not confirmed joining date ,on discussion with HR they confirmed that joining are on hold by management. I am also relieved from my previous company in march 2020,can I go for labour court ,pls suggest
From India, Chandigarh
From India, Chandigarh
On what ground can you go to labour court? In order to file a case in the labour court first you should be a workman under ID Act. At present you are not a workman because you have not joined the new company. Obviously, you can file a case against the previous employer (from whom you got relieved in March) as part of any industrial dispute as a workman dismissed from service. In your case you got relieved by self submitting your resignation. Then whom are you targeting in Labour Court? Not possible.
There can be a remedy if you follow Contract Act saying that there is breach of contract. But the employer can defend saying force majeure. COVID 19 is certainly a force majeure that prevents the employer from recruiting and even retrenching those already on rolls. Therefore, the only possible way is to wait for the situation to improve. If the employer comes to know about your move to go to court against the decision of extending the joining time, they will never call you but at the same time, if you mail them that you can understand the situation and till the situation improves, you will wait, probably the company would be impressed.
From India, Kannur
4242There can be a remedy if you follow Contract Act saying that there is breach of contract. But the employer can defend saying force majeure. COVID 19 is certainly a force majeure that prevents the employer from recruiting and even retrenching those already on rolls. Therefore, the only possible way is to wait for the situation to improve. If the employer comes to know about your move to go to court against the decision of extending the joining time, they will never call you but at the same time, if you mail them that you can understand the situation and till the situation improves, you will wait, probably the company would be impressed.
From India, Kannur
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