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 worked with X.company and diligently completed all his assigned responsibilities during his employment tenure. However, his salary remained unpaid for two consecutive months despite multiple follow-ups through phone calls and emails. Mr.X had provided all necessary documentation and proofs as requested by the company’s HR department. Each time he contacted them, he was assured that the payment would be processed soon, but no definitive timeline was provided. The company kept giving vague responses without any concrete action. This situation left Mr.X in financial distress as he had monthly obligations and family responsibilities to meet. The continuous delay in salary payment without valid justification clearly constituted a violation of employment laws and potentially criminal breach of trust.

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 your employer regarding salary delays through emails and written notices
• File a complaint with the Labour Commissioner immediately to initiate recovery proceedings
• Approach the appropriate labour court for recovery of dues along with compensation for mental harassment

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 316 deals with criminal breach of trust which applies when an employer dishonestly misappropriates salary funds. Section 318 covers cheating by dishonestly inducing someone to continue working without payment. The Payment of Wages Act, 1936 mandates timely salary payment. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 218 allows filing of complaints for such violations. Additionally, the Industrial Disputes Act provides mechanisms for dispute resolution and recovery of unpaid wages through labour courts.

If You Are the Complainant

• File a written complaint with the Labour Commissioner providing complete employment details and salary structure
• Submit all employment documents including appointment letter, salary slips, and communication records
• Request immediate intervention for salary recovery along with interest and compensation
• Approach the Registrar of Companies if the employer is a registered company for additional pressure
• Consider filing a police complaint under BNS for criminal breach of trust if the amount is substantial

If You Are the Victim

• Maintain detailed records of all work performed and hours completed during the unpaid period
• Send legal notices demanding immediate payment with interest and compensation for the delay
• File complaints simultaneously with labour authorities and consider criminal proceedings
• Seek interim relief for immediate financial support while the case is pending
• Join hands with other affected employees if multiple workers face similar issues for collective action

How the Police Behave in Such Cases

Police typically treat salary non-payment as a civil dispute initially and may be reluctant to register FIR. However, when the amount is substantial and involves clear dishonest intention, they must register complaints under criminal breach of trust provisions. Police usually advise approaching labour courts first but will act when criminal elements are evident with proper documentation and legal representation.

FAQs People Normally Have

• Can I file a criminal case for unpaid salary? Yes, if there’s dishonest intention and breach of trust involved
• What if my employer claims financial difficulties? Financial difficulties don’t excuse legal obligations to pay wages
• How much compensation can I claim? You can claim salary arrears with interest plus compensation for mental harassment
• Is there a time limit to file complaints? Generally, complaints should be filed within reasonable time, preferably within 6 months

What Evidence Is Required?

• Employment contract or appointment letter establishing the employer-employee relationship
• Previous salary slips showing regular payment history and salary structure
• Email communications and written follow-ups regarding pending salary payments
• Bank statements showing absence of salary credits for the disputed months
• Attendance records or work completion certificates proving services rendered
• Witness statements from colleagues aware of the non-payment situation
• Any acknowledgment from employer about pending dues or payment delays

How Long Will the Investigation Take?

Labour Commissioner proceedings typically take 2-3 months for initial orders. Criminal complaints may take 6-12 months depending on complexity. Civil suits in labour courts generally conclude within 6-18 months. The timeline varies based on evidence strength, employer cooperation, and legal representation quality. Interim relief can be sought for immediate partial payments during proceedings.

Advocate Sudhir Rao, Supreme Court of India