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 approached me with a concerning employment issue at XYZ Private Limited in City A. The company was forcing him to serve a 90-day notice period despite never having signed any document, employment contract, or digital agreement specifying this requirement. Mr. X had approximately 30 days of accumulated paid leave that could potentially be adjusted against the notice period, but the company was adamant about the full 90-day service requirement. The management claimed this was company policy, but Mr. X had no written documentation supporting their claim. This created a legal dispute about whether an employer can enforce notice periods without proper contractual documentation and employee consent.

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 everything – gather all employment records, emails, and communications regarding the notice period demand
• Review your appointment letter and any employment documentation you may have received initially
• Calculate your earned leave balance and salary dues to understand your financial position
• Consider approaching the company’s HR department formally in writing to clarify the legal basis for their notice period claim

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 318 deals with wrongful confinement and coercion in employment. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedural remedies. Additionally, the Industrial Disputes Act governs employment termination procedures. Key provisions include wrongful restraint under BNS Section 341, criminal breach of trust under BNS Section 405 if salary is withheld illegally, and criminal intimidation under BNS Section 351 if threats are made regarding employment consequences. Employment law principles require written agreements for notice periods to be legally enforceable.

If You Are the Complainant

• File a written complaint with the company’s management documenting the absence of signed agreements
• Submit a formal grievance through internal company procedures if available
• Approach the Regional Labor Commissioner with a complaint about illegal employment practices
• Consider filing a complaint under the Industrial Disputes Act for wrongful employment practices
• Document all financial losses including potential future employment opportunities lost due to forced notice period

If You Are the Victim

• Immediately stop working if the notice period demand is legally baseless and document your resignation date
• Send a legal notice through your advocate demanding release from illegal employment restraint
• File a police complaint if the company threatens adverse consequences or withholds salary
• Apply for certified copies of all your employment records from the company
• Seek compensation for mental harassment and financial losses through appropriate legal channels

How the Police Behave in Such Cases

Police typically treat employment disputes as civil matters initially. However, when criminal elements like wrongful confinement, intimidation, or salary withholding are involved, they may register complaints under relevant BNS sections. Police often suggest mediation first but will act if clear criminal violations are established. They may require substantial documentation proving the illegal nature of the company’s actions before taking formal action.

FAQs People Normally Have

Can a company enforce notice period without signed agreement? No, notice periods must be clearly mentioned in signed employment contracts to be legally binding.

What if company withholds salary over notice period dispute? This constitutes criminal breach of trust and wrongful confinement, actionable under BNS provisions.

Can earned leave be adjusted against notice period? Yes, if both parties agree, but it cannot be forced unilaterally by the employer.

How long can legal proceedings take? Employment disputes typically resolve within 6-18 months depending on case complexity and evidence.

What Evidence Is Required?

• Original appointment letter and employment documentation
• Email communications regarding notice period demands
• Salary statements and leave balance records
• Witness statements from colleagues about verbal agreements or lack thereof
• Company policy documents or employee handbook if available
• Screenshots of any digital portal interactions
• Bank statements showing salary payments and deductions

How Long Will the Investigation Take?

Employment dispute investigations typically take 3-6 months for initial resolution. Labor department proceedings may extend 6-12 months. Criminal complaints under BNS take 2-4 months for preliminary investigation. Court proceedings can extend 12-24 months depending on case complexity. Timeline significantly reduces with proper legal representation and strong documentary evidence.

Advocate Sudhir Rao, Supreme Court of India