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.

Priya Sharma joined TechLearn Solutions Pvt Ltd in Koramangala, Bangalore, as their first HR Executive on December 22nd, 2023. Her role involved employee onboarding, compliance management, and social media coordination. She was placed on a three-month probation period with a monthly salary of Rs. 45,000. However, within the first week of January 2024, Priya discovered several concerning practices at the company including non-compliance with labor laws and improper employee contracts. She decided to resign immediately and served her notice as per company policy. The company, citing probation terms, refused to release her December salary and threatened legal action for breach of contract. The management at TechLearn Solutions, led by CEO Rajesh Kumar, claimed that since she resigned during probation, they were not obligated to pay any dues. Priya approached me seeking legal recourse to recover her earned wages and understand her rights under Indian employment law.

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 the employer including emails, WhatsApp messages, and written notices. Maintain records of your work attendance, appointment letter, and any acknowledgments of work performed during your tenure.

Send a legal notice demanding payment of earned wages within 15 days. This creates a formal record and often prompts employers to settle disputes quickly.

File a complaint with the Labour Commissioner if the employer continues to withhold legitimate dues, as this is often more effective than lengthy court proceedings.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS) 2023, Section 316 addresses criminal breach of trust, which applies when employers wrongfully withhold earned wages. Section 318 covers dishonest misappropriation of property, including salary dues.

The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 provides procedural framework under Section 173 for filing complaints regarding wage theft. Section 195 allows for summary proceedings in such employment disputes.

Additionally, the Payment of Wages Act 1936 mandates payment within 7 days of wage period end. The Industrial Disputes Act 1947 provides additional protection against arbitrary termination and wage denial.

Relevant Legal Precedents

Various High Courts and the Supreme Court have consistently held that probationary employees are entitled to wages for work actually performed, regardless of early resignation. The principle of “work done must be compensated” has been firmly established in employment law jurisprudence.

Courts have ruled that employers cannot use probation clauses to deny legitimate wage claims, and any such contract terms are void and unenforceable. The doctrine of unjust enrichment prevents employers from benefiting from employee’s work without compensation.

If you need specific judgement references for your case, you can contact Adv. Sudhir Rao on his helpline numbers for detailed legal research and citations.

If You Are the Complainant

• Gather all employment documents including offer letter, appointment letter, and salary structure details
• Collect proof of work performed such as emails, project reports, and attendance records
• Send formal demand notice through registered post with acknowledgment due
• File complaint with Labour Commissioner within the statutory time limit
• Consider approaching Industrial Tribunal if the matter falls under their jurisdiction

If You Are the Victim

• Document the financial hardship caused by non-payment of wages and maintain expense records
• Report the matter to trade unions or employee associations in your industry for support
• File police complaint under relevant BNS sections if criminal breach of trust is established
• Seek interim relief through Labour Court for immediate financial assistance
• Consider class action if multiple employees face similar treatment by the same employer

How the Police Behave in Such Cases

Police typically treat wage disputes as civil matters initially, requiring complainants to first approach labour authorities. However, when criminal breach of trust under BNS Section 316 is established with proper documentation, they register FIR and investigate.

Officers often advise mediation through local labour offices before formal criminal proceedings. They require substantial evidence showing deliberate withholding of wages with dishonest intent to treat it as criminal matter rather than contractual dispute.

FAQs People Normally Have

Can employers deny salary during probation? No, probationary employees must be paid for work actually performed. Probation doesn’t void wage entitlement.

What if no written contract exists? Verbal agreements are valid. Evidence like email communications, bank account details provided, and work performed establishes employment relationship.

How long to file complaint? Labour disputes should be filed within 6 months. Criminal complaints under BNS can be filed within 3 years from the incident.

Can I claim compensation beyond salary? Yes, you can claim interest on delayed payment, mental harassment compensation, and legal costs through appropriate forums.

What Evidence Is Required?

• Appointment letter or offer letter showing terms of employment
• Attendance records, login/logout times, or biometric data
• Email communications regarding work assignments and completion
• Bank account details provided to employer for salary credit
• WhatsApp or other messages discussing work matters
• Witness statements from colleagues confirming your work
• Resignation letter and acknowledgment of notice period served

How Long Will the Investigation Take?

Labour Commissioner proceedings typically resolve within 2-3 months if both parties cooperate. Criminal investigations under BNS may take 6-12 months depending on evidence complexity and employer’s cooperation.

Civil recovery suits in courts can extend 1-3 years, but interim orders for salary payment can be obtained within 30-60 days in deserving cases with proper documentation.

Advocate Sudhir Rao, Supreme Court of India