If you are stuck in such a situation, here is what to do.

Mr. Sameer, an employee with four years of dedicated service at a tech firm, “FutureGen Systems,” found himself in a distressing situation. Although he worked remotely from his home in Suryanagar, the company’s main office was in Pratapgarh, with its registered office in Raj Nagar. One day, out of the blue, he received a call from his manager demanding his immediate resignation. The entire conversation, which was coercive, was recorded by Sameer. Following this, the company withheld his salary for his last working month.

The harassment didn’t end there. Sameer faced documented instances of coercion to sign a restrictive Non-Disclosure Agreement (NDA) and was pressured to grant remote access to his personal computer via software like AnyDesk. To make matters worse, he discovered that his corporate medical insurance had been cancelled three months prior to this forced resignation, leaving him and his family vulnerable. He initiated a case with the Labour Commissioner in Suryanagar, but FutureGen Systems simply ignored the first notice for conciliation. Now, he must pursue the matter in either Pratapgarh or Raj Nagar, where the company has a physical presence.

Advice in such cases

• Gather all your documents immediately. This includes your appointment letter, salary slips, bank statements, any communication with the company (emails, messages), and the call recording.
• Document every instance of harassment with dates, times, and names of the people involved.
• Do not sign any document under pressure, especially a resignation letter or a full and final settlement document, without reading it carefully.
• 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.
• Send a formal legal notice to the company through your lawyer, detailing all your grievances and demands.

Applicable Sections of Law

Several laws can be invoked in such a scenario:

• The Industrial Disputes Act, 1947: Forced resignation can be challenged as illegal termination or retrenchment. This Act provides a mechanism for conciliation and adjudication of such disputes.
• The Code on Wages, 2019: This code consolidates laws relating to wages and bonuses. Withholding salary is a direct violation, and you can file a claim for unpaid wages along with compensation.
• State-specific Shops and Establishments Act: The Act applicable in the state where the company is located (Pratapgarh or Raj Nagar) will govern rules regarding notice period, termination, and other service conditions.
• The Indian Contract Act, 1872: If you were forced to sign any document (like an NDA) under duress or coercion, it can be declared void under this Act.
• The Information Technology Act, 2000: Pressuring an employee to grant access to a personal computer can be viewed as an attempt to cause wrongful loss or gain, and any unauthorized access could attract penalties under this Act.
• The Bharatiya Nyaya Sanhita (BNS): If the harassment involves criminal intimidation or threats, relevant sections of the BNS can be applied by filing a police complaint.

If you are the complainant

• The first step is to send a detailed legal notice to the employer’s registered office and corporate office, demanding your unpaid salary, damages for harassment, and compensation for illegal termination.
• If the employer does not respond or refuses to comply, you can file a complaint with the labour commissioner’s office having jurisdiction over the company’s location.
• Simultaneously, you can file a case in the Labour Court for illegal termination and other reliefs.
• For criminal acts like intimidation or unauthorized access to your computer, a separate police complaint can be filed.
• 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

• Your immediate priority should be to secure all evidence. Make backups of call recordings, emails, and messages.
• Write down a detailed timeline of all events as soon as possible while your memory is fresh.
• Refuse any further verbal communication and insist that all communication from the company be in writing.
• Check your employment agreement for clauses related to termination, notice period, and jurisdiction for legal disputes.
• 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

Typically, labour-related disputes are considered civil in nature. The police will usually direct you to the Labour Commissioner or Labour Court. Their direct involvement is limited unless a specific criminal offense is made out. For instance, if there is a clear case of criminal intimidation (Section 340 of BNS), cheating, or data theft from your personal computer, the police may register a First Information Report (FIR) under the relevant sections of the BNS and the IT Act. However, for issues like withheld salary and forced resignation, the primary authority is the labour department.

FAQs people normally have

• Can an employer force me to resign?
  
  No, an employer cannot legally force you to resign. A resignation must be voluntary. If it is obtained through coercion, threat, or undue influence, it can be treated as illegal termination by a court of law.
• Where should I file my case if I work remotely?
  
  The jurisdiction for a labour dispute is generally determined by the location of the company’s office where you report or where the company’s registered/corporate office is located. In Mr. Sameer’s case, even though he worked from Suryanagar, the cause of action arises in Pratapgarh or Raj Nagar, and the case would need to be pursued there.
• What if the company ignores the labour commissioner’s notice?
  
  If the employer ignores the conciliation notice, the conciliation officer will submit a “failure report.” Based on this report, the government can refer the dispute to the Labour Court or Industrial Tribunal for adjudication, where the proceedings are more formal and binding.
• Is a call recording valid evidence?
  
  Yes, a call recording can be presented as evidence in court, provided you can prove its authenticity and that it has not been tampered with. It is a strong piece of evidence to prove coercion.

What evidence is required?

To build a strong case, you should gather the following:

• Proof of Employment: Appointment letter, confirmation letter, promotion letters.
• Proof of Salary: Salary slips, bank statements showing salary credit.
• Communication Records: Emails, text messages, or any official communication related to the dispute.
• Evidence of Coercion: The call recording of the forced resignation, witness testimony if any.
• Documentation of Harassment: Any written complaints or communication about the harassment.
• Other Documents: The NDA you were pressured to sign, proof of discontinuation of medical insurance, etc.

How long will the investigation take?

The timeline can vary significantly:

• Conciliation: The process before the Labour Commissioner is relatively quick and can take a few months.
• Labour Court/Tribunal: If the matter is referred to a court, the process is longer. It can take anywhere from one to three years, or sometimes more, depending on the complexity of the case and the court’s workload.

Advocate Sudhir Rao, Supreme Court of India