When an employee is permitted to work from home (WFH) as a concession or convenience, it doesn’t change the jurisdiction from the place where the office is situated, the High Court of Kerala said.
Any dispute between the employer & an employee must be considered by the Court with jurisdiction over the office’s location, the Court said. The decision came on a plea filed by a woman who was a deputy general manager with Hindustan Insecticides Ltd (HIL) in Mumbai.
She had come to her native place in Ernakulam during the pandemic & had continued to work from home until she resigned in Oct 2020. While in Kochi, she had the additional charge of another HILunit. She had alleged that she was not paid one month’s salary & terminal benefits. Citing judgments from courts in the US, the court said there is a distinction between a company permitting an employee to work from a different jurisdiction & the employer knowingly facilitating it, promoting business at that place or conferring benefits for such business.
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