Employment and labour lawyer in Bangalore

When the job ends badly

Most employment problems surface at the end of a job. The last two months’ salary does not come. Gratuity is “under process” for a year. A resignation is forced, or a termination letter arrives with no reason and no notice pay. Or something happened at work that you could not report while you were still there.

We act for employees, and also for small employers who want contracts, notices and policies done properly. The first step is to read your appointment letter, salary slips, the resignation or termination letter, and every email about the dispute. What you can claim, and where, depends on what kind of employee you are and what those papers say.

Keep copies of your appointment letter and payslips before your last day.

The new labour codes

From 21 November 2025, four labour codes replaced most of the older central labour laws: the Code on Wages, the Industrial Relations Code, the Code on Social Security and the Occupational Safety, Health and Working Conditions Code. The Payment of Gratuity Act, the Payment of Wages Act and the Industrial Disputes Act are now folded into these codes. Disputes that began before the change may still run under the old Acts. Some rules under the codes are still being put in place, so we check which law and which authority applies to your case before filing anything.

Unpaid salary and final settlement

Unpaid wages, bonus, leave encashment and notice pay can be claimed through a legal notice, a claim before the labour authority, or in some cases a civil suit for recovery. Which route works depends on your role and salary, because managerial staff and senior employees are often outside the labour authorities. Our article on salary not paid and wrongful termination explains the options.

Gratuity

Gratuity is payable when you leave after five years of continuous service, and for fixed-term employees under the new code after one year. The ceiling is Rs 20 lakh, unless your employer has agreed to more. If the employer does not pay, the claim goes to the controlling authority under the labour department. Read gratuity not paid in Karnataka for the steps and the documents.

Wrongful termination

For workers covered by labour law, termination without following the procedure can be challenged before the conciliation officer and then the labour court or industrial tribunal. For managerial employees, the remedy is usually what the contract allows: notice pay, dues, and in some cases damages through a civil suit. We tell you honestly which side of that line you fall on.

POSH complaints

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, known as POSH, requires employers with ten or more employees to have an Internal Committee. Where there is none, or the complaint is against the employer, it goes to the Local Committee for the district. A complaint generally has to be made within three months of the incident, or of the last incident in a series. The committee can extend this by another three months for reasons recorded in writing.

We help complainants write the complaint and prepare for the inquiry, and we also advise employees who have been named in a complaint. See how to file a POSH complaint.

Contracts, notices and employer work

• Reviewing an appointment letter or employment contract before you sign: non-compete, notice period, bond and repayment clauses
• Replying to a show cause notice or charge sheet in a disciplinary inquiry
• Sending or answering a legal notice for dues. See legal notices in Bengaluru.
• Drafting contracts, POSH policies and termination letters for small businesses

Questions people ask

Can my employer withhold salary if I resign without serving notice?

The employer can usually adjust notice pay as the contract allows, but cannot hold back all earned salary and dues indefinitely. What can be deducted depends on the terms of your contract.

Is a non-compete clause enforceable in India?

A clause that stops you from working for a competitor after you leave is generally not enforceable under Indian contract law. Clauses that protect confidential information and stop you from taking clients during the notice period are treated differently.

What if my company has no Internal Committee for POSH?

The complaint can be made to the Local Committee set up for the district. An employer that is required to have an Internal Committee and does not can be penalised.

How long does a gratuity claim take?

The employer is expected to pay soon after it falls due, and delay attracts interest. If the claim goes to the controlling authority, the time depends on how quickly the employer responds and whether the amount is disputed.