One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X, a 23-year-old professional, recently joined Y.company as an AI Artist through campus placement. Within just one month of employment, he was being forced to work 12-18 hours daily without proper breaks or overtime compensation. The company was exploiting young employees by imposing unrealistic work schedules that violated labor laws. Mr.X was experiencing mental exhaustion and health deterioration due to these illegal working conditions. The employer was taking advantage of his freshness in the industry and desperation to establish his career. Such practices are unfortunately common in creative industries where companies exploit young talent under the guise of gaining experience and building portfolios.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Document all working hours with timestamps and maintain records of work assignments. File a formal complaint with the labor commissioner’s office in your jurisdiction. Approach your HR department first with written complaints before escalating to legal authorities. Consider joining or forming employee unions for collective bargaining power against such exploitative practices.

Applicable Sections of Law

Under the Code on Wages, 2019, and Industrial Relations Code, 2020, employees are protected from excessive working hours. The Bharatiya Nyaya Sanhita (BNS) under Section 374 addresses wrongful confinement and forced labor practices. Section 143 of BNS covers unlawful assembly if employers force collective overtime. The Occupational Safety, Health and Working Conditions Code, 2020, mandates maximum working hours and mandatory rest periods. Employers violating these provisions can face prosecution under BNSS provisions for workplace harassment and exploitation of employees.

If You Are the Complainant

Gather comprehensive documentation including work schedules, email communications, and witness statements from colleagues. File complaints simultaneously with labor department, employee grievance cell, and HR department. Maintain detailed daily logs of working hours with specific tasks performed. Report any verbal threats or intimidation tactics used by supervisors. Seek support from other affected employees to file collective complaints for stronger legal standing.

If You Are the Victim

Immediately start documenting all instances of excessive working hour demands with dates and times. Record conversations with supervisors using smartphone apps where legally permissible. Seek medical documentation if experiencing stress-related health issues due to overwork. Contact labor rights organizations and employee welfare associations for support. Consider approaching senior management or company board members through proper channels before legal action.

How the Police Behave in Such Cases

Police typically treat labor disputes as civil matters initially and may direct you to labor courts. However, if criminal intimidation or wrongful confinement is involved, they register FIR under relevant BNS sections. They conduct preliminary investigations including statements from witnesses and examination of employment documents. Police cooperation improves significantly when complaints are filed jointly with labor department authorities and supported by proper legal documentation.

FAQs People Normally Have

• Can I quit immediately due to excessive working hours? Yes, but follow proper resignation procedures while maintaining documentation of violations.
• Will filing complaint affect my career prospects? Legal protections exist against retaliation, and your rights supersede company pressure tactics.
• Is overtime payment mandatory for extra hours? Yes, labor laws mandate overtime compensation at higher rates for work beyond standard hours.
• Can company terminate me for raising complaints? Termination for legal complaints constitutes wrongful dismissal and attracts legal penalties.

What Evidence Is Required?

• Daily work hour logs with timestamps and task descriptions
• Email communications regarding overtime demands and work assignments
• Salary slips showing absence of overtime payment
• Medical certificates documenting stress-related health issues
• Witness statements from colleagues experiencing similar conditions
• Employment contract and company policy documents
• Screenshots of work-related communication after office hours

How Long Will the Investigation Take?

Labor department investigations typically take 2-3 months for preliminary inquiry and recommendations. Court proceedings for labor disputes can extend 6-12 months depending on case complexity and evidence quality. Criminal cases under BNS sections may take 1-2 years for complete resolution. Mediation through labor courts can provide faster resolution within 3-6 months if both parties cooperate in settlement negotiations.

Advocate Sudhir Rao, Supreme Court of India