Not receiving your salary on time is more than just frustrating—it can disrupt your entire life.
Many employees don’t realise that delayed or unpaid wages are not just unethical, they’re illegal under Indian law. If your employer hasn’t paid you on time or is avoiding full payment, there are clear legal remedies available.
But before you jump into action, it’s important to understand your rights and what the law actually says.
As per Section 5 of the Payment of Wages Act, 1936, every employee must receive their salary within 7 days of the end of the wage period (or 10 days, if the workforce exceeds 1000 employees). This rule applies regardless of your industry, and in many states, their respective Shops and Establishments Acts also back this requirement.
Simply put, employers cannot keep delaying your salary due to “cash flow issues” or vague administrative delays.
It also doesn’t matter whether you’re a permanent employee, on probation, or working under a fixed-term contract. If you’ve performed your duties, you’re legally entitled to be paid for your work. Even if you’ve resigned or your employer is unhappy with your performance, they cannot withhold your salary as punishment.
If there’s any deduction at all, it must follow due process and be clearly explained.
Here’s a simple table to understand what is a valid and invalid reason for salary withholding:
| Employer’s Reason | Legally Acceptable? | What the Law Says |
|---|---|---|
| Low performance or target not met | No | Employer must follow appraisal or termination process, not salary withholding. |
| You resigned without notice | Partially | Employer can deduct notice pay but not withhold entire salary. |
| Company is facing financial problems | No | Law does not excuse payment delays due to internal issues. |
| Settlement pending post-resignation | Partially | Final dues can take time but salary for days worked must be paid promptly. |
If you’re unsure whether you are working under a legal employment contract or not, you can check this detailed guide on What Is a Legal Employment Contract and What It Should Contain.
The first step before filing a complaint is always to write a clear email to your HR or employer requesting payment. Keep your communication polite but firm, and always in writing.
Attach your salary slips, joining letter, and any correspondence as proof. If you don’t get a response, you’re well within your rights to take further action.
If you’re also unsure whether your PF deductions are being made correctly, you should read this explainer on How to Check If Your Employer Is Legally Deducting PF.
Some employees hesitate because they fear losing their job or upsetting their manager. But the law exists to protect employees—not just from exploitation, but also from unfair treatment when things go wrong.
It doesn’t matter whether you work in a big MNC or a small private firm—every employee has the right to be paid.
If internal follow-up doesn’t help, the next step is to take legal action. Fortunately, Indian law provides a few accessible routes. The process may seem technical, but it’s fairly straightforward if you know where to begin.
Your first legal remedy is to approach the Labour Commissioner of your district. If you fall under the category of a “workman” as defined in the Industrial Disputes Act, 1947, you can file a complaint under Section 33C for recovery of unpaid wages. Many employees in technical, clerical, and operational roles qualify under this category.
To file a complaint, visit your local Labour Office or check your state’s labour department website. Some states, like Maharashtra and Delhi, allow online filing.
Be sure to submit copies of your offer letter, payslips, resignation email (if applicable), and written requests you’ve already made.
If you’re not a “workman” (for example, in a managerial or executive role), you may need to send a legal notice through a lawyer and, if unpaid even after that, file a case in civil court under the Indian Contract Act, 1872.
You can also raise a complaint on the EPFO Grievance Portal if your employer has stopped contributing PF or has linked salary with PF non-compliance.
Keep in mind that legal processes take time, but your initial complaint may be enough to pressure the employer into settling the matter quickly. Many companies prefer to resolve it rather than face proceedings.
If you’ve already resigned and are waiting on final dues, this blog on How to Resign Legally – Notice Period, Clearance, and Final Pay will help you understand what to expect.
FAQs
1. Can I file a complaint without a written contract?
Yes, documents like payslips, emails, or work records are enough to support your claim.
2. How long will it take to get my salary after filing a complaint?
In most labour offices, resolution can happen in 1–3 months, depending on response time.
3. Will complaining affect my job or future prospects?
Legally, employers cannot blacklist or retaliate. Always keep records and remain professional.
4. Can I go to court directly?
Yes, especially if you’re ineligible under labour laws. But starting with the Labour Commissioner is often faster.
5. Is there a time limit to file a complaint?
Yes. Under the Industrial Disputes Act, the ideal limit is within 3 years, but earlier is better.
