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

This is the story of Mr. Alok Verma, a talented individual with a locomotor disability who was working remotely for a tech startup called InnovateNow Solutions. He was hired by the founder, Mr. Rohan Kapoor, to handle crucial tasks like lead generation and operations. After diligently completing his work for the month, Mr. Verma found himself in a distressing situation. Mr. Kapoor shut down the company’s operations, vanished without a trace, and blocked all of Mr. Verma’s communication channels. His hard-earned salary of ₹42,000 was never paid.

Being a person with a disability, Mr. Verma faces significant challenges in travelling to file a physical complaint at a police station or labour court. Despite having concrete evidence, including chat histories, work submissions, and his disability certificate, he felt helpless. He had reached out to various helplines with no success. This case highlights a serious issue of exploitation, combining labour law violations with potential fraud, further aggravated by the victim’s disability.

Advice in such cases ⚖️

When an employer disappears without paying your salary, it is not just a breach of contract but can also constitute a criminal offense like cheating. For a person with a disability, it’s crucial to leverage digital and remote legal avenues. The law provides several remedies that can be pursued without needing to travel extensively.

Applicable Sections of Law 📜

Several laws can be invoked in this scenario:

• Section 318 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Cheating): If it can be established that the employer (Mr. Kapoor) had a dishonest intention from the very beginning and induced Mr. Verma to work without any intention of paying him, it amounts to cheating. The act of shutting down the company and blocking communication strengthens this argument.
• The Payment of Wages Act, 1936: This is a primary law governing the timely payment of wages. A complaint for non-payment of salary can be filed before the Labour Commissioner of the state where the company is registered. Most states now have online portals for filing such complaints.
• The Rights of Persons with Disabilities Act, 2016: This Act protects persons with disabilities from discrimination and exploitation. A complaint can be filed with the Chief Commissioner for Persons with Disabilities (at the central level) or the State Commissioner, highlighting the additional hardship and exploitation faced due to the disability.

If you are the complainant 🙋‍♂️

If you find yourself in Mr. Verma’s position, here are the steps you should take:

• Compile All Evidence: Gather every piece of digital proof you have. This includes the offer letter, emails, WhatsApp/Slack chats, proof of work submitted, and any previous salary slips or bank transactions from the company.
• Send a Legal Notice: The first step is to hire a lawyer to send a formal legal notice to the employer’s last known address and email ID. This is a very effective tool and can often lead to a settlement without further legal action. This entire process can be done remotely.
• File an Online Complaint:
  • Labour Commissioner: File a complaint on the website of the state’s Labour Department for recovery of your unpaid wages.
  • Police/Cyber Crime: File an FIR for cheating. You can use the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) to file a complaint online, especially since much of the interaction and fraud happened digitally.

If you are the victim 😢

It is natural to feel distressed and helpless, but remember that the law is on your side. Your digital evidence is your strongest asset.

• Stay Calm and Document Everything: Do not delete any chats or emails. Take screenshots of the employer blocking you. Keep a record of every attempt you make to contact them.
• Seek Remote Legal Counsel: Many lawyers and law firms now offer consultations via video calls and manage entire cases digitally. Find a lawyer who can assist you remotely with drafting notices and filing complaints.
• Contact NGOs: Reach out to Non-Governmental Organizations that work for disability rights or labour welfare. They can provide crucial support, guidance, and sometimes even legal aid.

How the police behave in such cases 👮

Initially, police might view this as a purely civil matter of salary non-payment and suggest you go to the labour court. However, you must emphasize the element of fraud. Explain that the employer’s actions—shutting down the company abruptly and blocking you—show a clear criminal intent to cheat. Under the new Bharatiya Nagarik Suraksha Sanita (BNSS), 2023, there is a greater emphasis on using technology. You can request that your statement be recorded via video conferencing, which is a right, especially for a person with a disability.

FAQs people normally have 🤔

What evidence is required? 📄

To build a strong case, you will need:

• Your employment contract, offer letter, or any appointment email.
• All chat histories (WhatsApp, Slack, etc.) and email correspondence with the employer.
• Proof of the work you completed and submitted.
• Bank statements (if any previous salary was paid by the same employer).
• Your Disability Certificate, as it adds weight to the complaint under the RPwD Act.
• Any known details of the company (address, registration number) and the employer (full name, phone number).

How long will the investigation take? ⏳

The timeline can vary:

• Legal Notice: The employer is typically given 15 or 30 days to respond. The issue is often resolved at this stage.
• Labour Commissioner: Proceedings here can take a few months but are relatively faster than civil courts.
• Criminal Complaint (FIR): A police investigation’s duration depends on how quickly they can trace the accused. The pressure of a criminal case often compels the accused to settle the matter quickly to avoid arrest and a trial. This could take several months to over a year if it goes to trial.

Advocate Sudhir Rao, Supreme Court of India