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 young professional, joined XYZ Law Firm as a legal intern and worked diligently for approximately three and a half months, conducting research and drafting legal documents. The firm was impressed with Mr.X’s performance and issued a formal confirmation letter appointing him as an associate, effective from DD/MM/YYYY, with a revised salary structure to commence from DD/MM/YYYY. Mr.X accepted this offer and began working in the new capacity. However, the firm suddenly terminated Mr.X’s employment without proper notice and refused to pay the salary for the days already worked, claiming various technical reasons. This situation left Mr.X in financial distress and uncertain about legal recourse available for recovering the earned wages and seeking compensation for wrongful termination.

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 evidence including appointment letters, salary slips, work records, and termination communication
• Calculate exact amount owed including salary, overtime, and any additional benefits
• Check if proper notice period was given as per employment agreement or applicable labor laws

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several provisions protect employees from wrongful termination and salary denial. Section 316 of BNS deals with criminal breach of trust, which may apply when employers withhold rightfully earned wages. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedural guidelines for filing complaints. Additionally, the Payment of Wages Act, 1936, Industrial Disputes Act, 1947, and specific provisions under the Labour Code on Industrial Relations, 2020, offer comprehensive protection. These laws mandate timely payment of wages and prohibit arbitrary termination without following due process.

If You Are the Complainant

• File a complaint with the Labor Commissioner’s office in your jurisdiction for wage recovery
• Approach the Industrial Tribunal if the termination violates employment terms
• Lodge a police complaint under BNS Section 316 if criminal breach of trust is evident
• Send a legal notice demanding payment within specified timeframe before initiating formal proceedings
• Maintain detailed records of all communications and attempts at resolution

If You Are the Victim

• Immediately document your last working day and calculate total amount due including pending salary
• Request written confirmation from HR regarding termination reasons and final settlement details
• Preserve all evidence of your work performance, attendance records, and contribution to the organization
• Seek alternative employment while pursuing legal remedies to minimize financial impact
• Contact former colleagues who can serve as witnesses to your employment and termination circumstances

How the Police Behave in Such Cases

Police typically treat salary denial cases as civil disputes initially and may be reluctant to register FIRs. They often suggest approaching labor authorities first. However, when criminal elements like fraud or criminal breach of trust are established, they become more responsive. Officers usually require substantial documentation and evidence of intent to cheat. Building a strong case with proper legal representation increases chances of police cooperation and prompt action.

FAQs People Normally Have

Can I file both civil and criminal cases simultaneously? Yes, you can pursue both remedies as they address different aspects of the wrongdoing.

What if I was on probation period? Even probationers are entitled to wages for work completed, though termination procedures may differ.

How long do I have to file a complaint? Labor disputes should be filed within one year, while criminal complaints have longer limitation periods.

Can the company refuse payment citing performance issues? No, salary cannot be withheld for performance reasons without following proper disciplinary procedures.

What Evidence Is Required?

• Original appointment letter and confirmation of employment as associate
• Salary structure documents and any increment letters
• Attendance records, timesheets, and work completion certificates
• Email communications regarding work assignments and performance feedback
• Termination letter or any communication regarding employment cessation
• Bank statements showing previous salary credits to establish payment pattern
• Witness statements from colleagues regarding your employment and sudden termination

How Long Will the Investigation Take?

Labor department investigations typically take 3-6 months depending on case complexity and evidence availability. Criminal investigations may take longer, often 6-12 months. Factors affecting timeline include cooperation from the employer, availability of witnesses, and workload of investigating authorities. Civil suits in labor courts generally resolve within 1-2 years. Maintaining regular follow-up and providing requested documents promptly can expedite the process significantly.

Advocate Sudhir Rao, Supreme Court of India