Employment & Salary Disputes in India: Your Options
Unpaid salary, wrongful termination, gratuity, F&F not settled, non-compete enforcement — understand the statutory remedies and connect with a verified independent professional via Pro Firmo.
This page is informational. Pro Firmo does not advertise, recommend or endorse any specific advocate. We facilitate access to verified, independent professionals; engagement, fees and outcomes are between you and the professional you choose.
The common problem
Salary disputes are one of the most common — and most fixable — legal problems in India. The Industrial Disputes Act, the Payment of Wages Act, the new Labour Codes, the Gratuity Act and state Shops & Establishments laws each open a different door. People come to us when their F&F is stuck, gratuity is denied, or they've been "asked to resign". Many of these settle once a properly-worded notice goes out.
How Pro Firmo helps you understand and access
- Recovery of unpaid salary / variable pay / commission.
- Wrongful termination challenge — labour court / civil court / writ.
- Gratuity recovery (Payment of Gratuity Act).
- Full-and-final settlement disputes (notice + claim).
- Defence in non-compete / non-solicit enforcement.
- Sexual-harassment-at-workplace (POSH) complaints — both sides.
Documents you'll need
- Appointment letter / employment contract
- Salary slips for the last 12 months
- Form 16
- Email exchanges around termination / resignation / F&F
- Bank statements showing salary credits
- Any HR letters or warning memos
Expected consultation process
- 1AI runs the eligibility check (workman / non-workman / supervisor).
- 2Match to a labour & employment lawyer.
- 3Notice / claim drafted within 48 hours.
- 4Forum chosen: Labour Commissioner / civil court / writ / High Court.
- 5Settlement explored — most cases resolve before final hearing.
FAQs
- How long do I have to claim unpaid salary?
- 3 years from the date the salary became due (Payment of Wages Act / Limitation Act).
- Am I a workman under the new Labour Codes?
- Depends on your role and pay grade. We do the analysis upfront — it changes which forum you go to.
- Is my non-compete enforceable?
- Post-employment non-competes are largely void under §27 Indian Contract Act, except trade-secret protection. We can defend you in most enforcement attempts.
- How do I claim gratuity if HR refuses?
- Form-I to the employer, then Form-N to the Controlling Authority under the Gratuity Act. Recovery is usually within 60–90 days.