Whether the mandate of Shops and Establishment Act, is limited only to the jurisdiction where the employee is working ?
Virtual Legal Assistant (.) 07 October 2021
Whether the mandate of Shops and Establishment Act, is limited only to the jurisdiction where the employee is working ?
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 07 October 2021
Jurisdiction of employment contracts
An employment contract will often state the law of the country which will apply to the contract and purport to confer jurisdiction on the courts of the same country to determine a dispute.
Virtual Legal Assistant (.) 07 October 2021
Thank you for your speedy response.
To get more clarity lets say if one employee was employed as a consultant at first and then he was promoted to a permanent position. In such case it is obvious that the later contract will be in effect.
It is well settled principle that every place where the company would have an office would be a seperate establishment. Now for the purposes of Shops and Establishment Act, whether an employee's jurisdiction to determine a dispute is limited to the place where he is engaged for or he can access his remedy wherever he wants to?
Pradipta Nath (Advocate) 07 October 2021
What kind of remedy you are seeking: civil, criminal or Industrial & Labour Law?
Facts posted are incomplete.
Virtual Legal Assistant (.) 07 October 2021
Civil remedy. I am an employee seeking claim from the company.
Kevin Moses Paul 07 October 2021
Virtual Legal Assistant (.) 07 October 2021
If this is the case then lets say I am running a company in 4 different states and the registered office is located in the 5th state, will that mean the criteria of appropriate jurisdiction can be accessed by the aggrieved in all 5 states?