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 joined XYZ Pvt Ltd as a video editor on DD/MM/YYYY with a probation salary of Rs. XX,XXX per month. During the probation period, everything proceeded smoothly without any performance issues or complaints from the management. However, when his probation ended on DD/MM/YYYY, Mr.X approached the HR department to discuss his post-probation salary structure and increment as promised during his hiring.

Instead of providing clarity on his salary, the company owner sent a message in the office group chat on DD/MM/YYYY stating that the quality of Mr.X’s work was unsatisfactory. Following this message, the company suddenly stopped paying his salary without any formal termination letter, performance review, or due process. Mr.X realized that the company was using this tactic to avoid paying his earned wages and to terminate him without following proper legal procedures required under labor laws.

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 communications with your employer including emails, text messages, and group chat conversations. Preserve your appointment letter, salary slips, and any performance evaluations. File a complaint with the Labor Commissioner immediately as delay can weaken your case. Avoid resigning or signing any documents without legal consultation as this may compromise your rights to claim unpaid wages and compensation.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 318 deals with cheating and dishonestly inducing delivery of property, which applies when employers withhold earned wages. The Payment of Wages Act, 1936, mandates timely salary payments and prohibits unauthorized deductions. Industrial Disputes Act, 1947, provides protection against wrongful termination and unfair labor practices. Under BNSS (Bharatiya Nagarik Suraksha Sanhita), you can file complaints through labor courts and seek criminal action for willful non-payment of wages. Additionally, the Employees’ Provident Fund and Miscellaneous Provisions Act may apply if statutory deductions were involved.

If You Are the Complainant

File a formal complaint with the Assistant Labor Commissioner within 30 days of the last working day. Submit all documentary evidence including appointment letter, salary slips, and communication records. Demand immediate payment of pending wages along with interest and compensation for the delay. Approach the Employees’ Provident Fund Office if PF contributions were deducted but not deposited. Consider filing a criminal complaint under BNS if the employer’s actions constitute cheating or criminal breach of trust.

If You Are the Victim

Immediately stop working if salary payments have ceased but maintain all employment records safely. Send a formal written notice to the employer demanding payment of pending wages within 15 days. File complaints simultaneously with multiple authorities – Labor Commissioner, EPF Office, and local police station for criminal action. Collect witness statements from colleagues who can testify about your work performance and the employer’s conduct. Apply for unemployment benefits if available and start looking for alternative employment while pursuing legal remedies against the current employer.

How the Police Behave in Such Cases

Police typically treat salary disputes as civil matters initially and may redirect you to labor courts. However, if you present evidence of cheating or criminal breach of trust under BNS, they are obligated to register an FIR. Police response improves significantly when you approach them with proper documentation and a lawyer’s notice. They may attempt to mediate between you and the employer before proceeding with formal criminal investigation procedures.

FAQs People Normally Have

• Can employer terminate during probation without paying salary? No, employers must pay for work already performed regardless of termination timing.
• Is notice period mandatory during probation? Usually shorter notice periods apply during probation as per appointment letter terms.
• Can I claim compensation beyond pending salary? Yes, you can claim interest on delayed payments and compensation for mental harassment.
• What if company closes down suddenly? You can still pursue legal action against company directors and recover dues from company assets.

What Evidence Is Required?

• Original appointment letter and employment contract
• Previous salary slips and bank statements showing salary credits
• Email communications and text messages with management
• Attendance records and work samples demonstrating performance
• Screenshots of group chat messages and company communications
• Witness statements from colleagues about work quality and employer behavior
• PF and ESI contribution records if applicable

How Long Will the Investigation Take?

Labor Commissioner typically resolves salary disputes within 3-6 months through conciliation or adjudication. Criminal cases under BNS may take 6-12 months depending on court schedules and evidence complexity. Recovery of wages through labor courts is generally faster than civil courts, usually concluding within 4-8 months if proper documentation is provided.

Advocate Sudhir Rao, Supreme Court of India