My employer pays less than minimum wage. What can I do?
Simple answer
You can claim the difference. Under the Code on Wages, no employer may pay less than the minimum wage notified by the government for your skill level and area. File a claim with the labour authority within 3 years; it can order the arrears plus compensation.
Real-life examples
Sunil, a security guard in Lucknow, is paid ₹8,000 a month, below the state's notified rate for his category. He and other guards filed a joint claim. The authority can order the unpaid difference plus compensation up to ten times that amount.
Mary and Ravi pack boxes side by side in a Surat warehouse, but Mary is paid less because she is a woman. The Code bans gender-based pay differences for the same or similar work, so she can claim equal pay.
Imran is an apprentice under the Apprentices Act at a Pune workshop. He gets a stipend, and apprentices are not 'employees' under the Code, so the minimum wage rules do not apply to him.
What should you do?
- 1Find your state's current minimum wage for your job category and area on the state labour department's website.
- 2Check the latest revision too, since rates are revised from time to time.
- 3Keep salary slips, bank statements and attendance records as proof.
- 4File a claim with the labour authority at the district labour office, or on SAMADHAN where available. Co-workers can file together.
- 5File within 3 years. A late claim is accepted only if you show a good reason for the delay.
- 6Need help? Call NALSA at 15100 for free legal aid.
Exceptions & limits
- Apprentices engaged under the Apprentices Act get a stipend and are not 'employees' under the Code. Armed Forces members are also excluded.
- If you work less than a full day because the employer gave no work, you still get a full day's minimum wage, but not if you chose not to work.
Official legal reference
Code on Wages, 2019 — Section 5
No employer shall pay any employee less than the minimum rate of wages notified by the government.
Earlier: Minimum Wages Act, 1948, Section 12Read the official textCode on Wages, 2019 — Sections 6, 8
Governments fix minimum wages by skill and area, and review them at intervals not exceeding five years.
Earlier: Minimum Wages Act, 1948, Sections 3, 5Read the official textCode on Wages, 2019 — Section 9
The Centre fixes a floor wage; state minimum wages cannot be set below it.
Code on Wages, 2019 — Section 3
No gender discrimination in wages for the same or similar work, or in recruitment and conditions of employment.
Earlier: Equal Remuneration Act, 1976, Sections 4, 5Read the official textCode on Wages, 2019 — Section 45
Claims can be filed within 3 years before the claims authority, which can order compensation up to ten times the claim.
Earlier: Minimum Wages Act, 1948, Section 20Read the official text
Where to get help
SAMADHAN (labour disputes)
File labour disputes like unpaid wages with the labour authorities.
NALSA Free Legal Aid
Free lawyer and legal advice for eligible people through Legal Services Authorities.
Source & status
- Applies to
- Varies by state
- Each state (and the Centre, for its own sector) fixes minimum wage rates separately by skill and area, and revises them from time to time. Check your state labour department's latest notification.
- Law in force since
- 21 Nov 2025
- Legal review
- Draft — awaiting lawyer review
Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.