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 and several other apprentice trainees had been working with ABC MSME Company for approximately 10 months. The company had been denying them access to their payslips for the past three months following October 2024. Mr.X approached our firm when he and his fellow apprentices discovered they could not download their salary statements from the company portal. This situation was affecting all apprentices in the organization, creating financial difficulties as they needed these documents for various purposes including loan applications, government schemes, and personal financial planning. The employer was deliberately withholding these essential documents despite legal obligations to provide them. The apprentices felt helpless and were unsure about their legal rights and remedies available under Indian 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 attempts to request payslips from your employer through written communication. Maintain records of emails, letters, or any other correspondence regarding this matter. Contact the Labor Department immediately and file a formal complaint about the violation of labor laws. Approach the Apprenticeship Advisor in your area as they have specific authority over apprenticeship-related matters and can take direct action against non-compliant employers.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 318 deals with cheating which may apply if the employer is deliberately withholding salary information. The Apprentices Act, 1961 mandates proper documentation and transparency in apprenticeship programs. Under BNSS Section 154, you can file complaints for violation of statutory obligations. Additionally, the Payment of Wages Act requires employers to maintain and provide wage records. Labor laws under various state-specific acts also mandate provision of salary statements to all employees including apprentices within specified timeframes.

If You Are the Complainant

• File a formal written complaint with the Regional Labor Commissioner mentioning specific dates and duration of payslip denial
• Submit a complaint to the Apprenticeship Advisor with complete documentation of your apprenticeship agreement and employment details
• Approach the Grievance Redressal Committee if your company has one, and maintain written records of their response
• Consider filing a case in the Labor Court if other remedies fail to provide satisfactory resolution
• Gather support from fellow apprentices to file a collective complaint which carries more weight with authorities

If You Are the Victim

• Immediately start documenting all your attempts to obtain payslips with dates, methods of request, and employer responses or lack thereof
• Contact your bank to obtain statements showing salary credits as alternative proof of income for immediate financial needs
• File a complaint with the Ministry of Skill Development and Entrepreneurship through their online portal for apprenticeship grievances
• Seek assistance from local trade unions who can provide guidance and support in dealing with such employer violations
• Consider approaching consumer forums if the denial is causing you financial hardship or preventing access to services requiring income proof

How the Police Behave in Such Cases

Police typically treat payslip denial as a civil labor dispute rather than a criminal matter unless fraud is clearly established. They may direct you to approach labor authorities first. However, if there’s evidence of systematic cheating or document forgery, they may register an FIR under relevant BNS sections. Police cooperation improves significantly when multiple victims file complaints together and when proper documentation of financial losses is provided. They often prefer mediation through labor departments before pursuing criminal charges.

FAQs People Normally Have

Can I force my employer to provide payslips immediately? Yes, through labor department intervention and legal notices, employers can be compelled to provide payslips within a specified timeframe. What if my employer claims technical issues with the system? Employers must provide alternative arrangements like physical payslips or manual statements during system downtime. Can I claim compensation for the delay? Yes, you may be entitled to compensation for financial losses caused due to unavailability of salary statements. Will filing a complaint affect my job security? Labor laws protect employees from retaliation for filing legitimate complaints about statutory violations.

What Evidence Is Required?

• Apprenticeship agreement or employment contract showing your engagement with the company
• Bank statements showing salary credits for the months in question
• Screenshots of portal errors or system messages preventing payslip downloads
• Written communication with HR or management requesting payslips
• Witness statements from fellow apprentices facing the same issue
• Any previous payslips that were successfully downloaded before the problem started
• Records of financial losses or missed opportunities due to unavailable income proof

How Long Will the Investigation Take?

Labor department investigations typically take 30-60 days for initial inquiry and response from the employer. If the employer cooperates, resolution can happen within 2-4 weeks. Complex cases involving multiple apprentices or systematic violations may take 3-6 months. Court proceedings, if necessary, can extend the timeline to 6-12 months depending on case complexity and court schedules.

Advocate Sudhir Rao, Supreme Court of India