If you are stuck in such a situation, here is what to do.
Mr. Alok, a 32-year-old Content Analyst at a digital media company, “Visionary Creations Pvt. Ltd.,” found himself in a distressing situation. On May 15th, he was diagnosed with a severe viral infection that led to a significant drop in his blood platelet count. He promptly informed his reporting manager and HR department, submitting all the necessary medical certificates and reports.
His recovery was slow, and throughout June, he was on medication, experiencing extreme fatigue and joint pain, which was documented in his medical follow-up reports. During this period, he faced issues logging into his work account. After a password reset by the IT team via a messaging app, he was still unable to respond promptly to emails from HR due to his poor health.
When he felt well enough to visit the office in early July, he was shocked to discover that his employee ID had been blocked. The HR department informed him that he would not receive his experience letter or his full and final settlement. They had sent him an email asking for a written explanation for his absence, but had already blocked his access before he could provide a comprehensive response. As the sole breadwinner for his family, supporting his mother and a college-going sibling, this action by the company left Mr. Alok feeling helpless and financially stranded.
Advice in such cases
Document Everything: Keep a record of all communication with your employer, including emails, text messages, and call logs. Preserve all medical records, prescriptions, and certificates meticulously.
Formal Communication: Send a formal, written communication (preferably via registered post and email) to the HR department and senior management. In this letter, narrate the entire sequence of events, attach copies of your medical documents, and formally request the release of your final salary and experience letter.
Do Not Resign: Avoid resigning under pressure. If the company has blocked your access without a formal termination letter, it could be construed as an illegal termination on their part.
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 of 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.
Applicable Sections of Law
Such disputes are primarily governed by India’s labour and industrial laws. While new labour codes are on the horizon, the existing acts are still in force and provide remedies.
The Payment of Wages Act, 1936: This Act mandates the timely payment of wages and prohibits employers from making unauthorized deductions. Withholding the final salary without a valid, legally permissible reason is a violation of this Act.
The Industrial Disputes Act, 1947: This Act defines what constitutes illegal termination and unfair labour practices. Blocking an employee’s access and withholding their dues without following the due process (like conducting a fair inquiry) can be challenged as an illegal termination.
State-specific Shops and Establishments Act: Each state has its own act that governs the working conditions, notice period, and termination procedures for employees in establishments. These acts provide a framework for lawful termination.
The Specific Relief Act, 1963: While an employer cannot be forced to keep you employed, a court can direct them to issue documents like an experience letter, which is crucial for future employment.
If you are the complainant
Send a Legal Notice: The first step is usually to have a lawyer draft and send a detailed legal notice to the company. This notice will outline your grievances, cite the relevant laws, and demand the payment of your dues and issuance of documents within a specific timeframe.
Approach the Labour Commissioner: If the company does not respond favorably to the legal notice, you can file a complaint with the Labour Commissioner in your jurisdiction. The Commissioner’s office can act as a mediator and try to resolve the dispute.
File a Case in Labour Court: If conciliation fails, the next step is to file a case in the Labour Court or Industrial Tribunal, challenging the illegal termination and seeking recovery of your dues.
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 of 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.
If you are the victim
Stay Calm and Gather Evidence: Your immediate priority is to collect all proof related to your employment, illness, and communication with the company. This includes your appointment letter, salary slips, medical bills, and all emails or messages.
Seek Financial Support: Since your income has been abruptly stopped, reach out to family or friends for temporary financial support to manage your immediate expenses.
Do Not Engage in Informal Arguments: Avoid getting into heated arguments with HR or management over the phone. Keep all further communication formal and in writing to create a clear record.
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 of 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.
How the police behave in such cases
Employment and salary disputes are primarily civil matters. The police generally do not have jurisdiction to intervene. If you approach a police station, they will likely direct you to the Labour Commissioner or a civil court. Police involvement would only be warranted if there is an element of a criminal offense, such as criminal breach of trust, cheating (Section 318 of the Bharatiya Nyaya Sanhita, 2023), or criminal intimidation. However, proving these in a standard employment dispute is very difficult, and it is not the recommended first course of action.
FAQs people normally have
Can an employer legally withhold my salary and experience letter for medical absence?
- No. An employer cannot legally withhold earned wages for an authorized or properly documented medical absence. Withholding an experience letter is considered an unfair labour practice, and you can take legal recourse to obtain it.
Is blocking my ID considered termination?
- Yes, preventing an employee from accessing their workplace and work systems without a formal termination process can be legally considered as constructive or illegal termination.
What should I write in my reply to HR’s email?
- It is best to have your reply vetted by a lawyer. Generally, it should state the facts clearly, reiterate that you had provided medical proof for your absence, express your willingness to cooperate, and formally request the release of your dues and documents.
What evidence is required?
Your appointment letter or employment contract.
All medical certificates, doctor’s prescriptions, and diagnostic reports.
Copies of all emails, letters, and messages exchanged with the HR department and your manager.
Previous salary slips and bank statements to prove your employment and salary details.
Any company policies regarding medical leave, if available.
How long will the investigation take?
The timeline can vary significantly. Sending a legal notice might resolve the issue within 15-30 days if the company chooses to settle. Proceedings before the Labour Commissioner can take a few months. A contested case in a Labour Court can be a lengthy process, potentially taking anywhere from one to several years to reach a final decision.
Advocate Sudhir Rao, Supreme Court of India