If your company and payroll are registered in a different state, but the company fails to pay your final salary, can you file a labor law case in your own state?

[User_291f598e]

U

User_291f598e
PARTICIPANT
January 16, 2025 at 9:25 am

To provide further clarity, suppose you were working Gurgaon and your payroll and company are registered in Hyderabad. Can you file a labour law case in Gurgaon?

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[User_42a90bf1]

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User_42a90bf1
PARTICIPANT
January 16, 2025 at 10:00 am

Place of work determines jurisdiction. You can file in Gurgaon, but the court can ask you to file in the other state as well, it depends on what your complaint is, and how they assess the complaint based on your employment contract, whether you’re an employee with benefits, or a contract labour, or if your case falls under shops and establishments act, etc.

Labor law is very complex, you can file this case locally, and follow directions from the court.

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[User_291f598e]

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User_291f598e
OP
January 16, 2025 at 10:50 am

makes sense, thanks sir/ma’am

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[Brightowl5321]

B

Brightowl5321
PARTICIPANT
January 16, 2025 at 11:22 am

Lawyer here.

Everything depends on what relief you seek. If it is just money, they you can file under the ID Act. Or you can just file a Civil Suit for recovery of money. If you just want your money which is unpaid, I would suggest a latter since that would be a lot quicker than toiling before the Labour Courts in Haryana.

On jurisdiction. If you are working from home, your can make out a case for Gurgaon (under the ID Act as well as the Civil Suit). But your lawyer would be able to advise you much better after knowing all the details of your case.

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[User_291f598e]

U

User_291f598e
OP
January 16, 2025 at 12:19 pm

Makes sense, thanks a lot sir/ma’am

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