Kanoon SamjhoIndian law, made simple
Employment

My employer hasn't paid my salary. What can I do?

Simple answer

You can claim it. Under the Code on Wages, monthly salary must be paid by the 7th of the next month. If it isn't, you can file a claim with the labour authority within 3 years, and the authority can also order extra compensation.

Real-life examples

Ramesh and 20 co-workers at a Tiruppur garment unit were not paid their March wages by 7 April. They filed one joint claim before the labour authority. The authority can order the full wages plus compensation of up to ten times the unpaid amount.

Fatima, a sales manager in Pune, thought wage laws were only for factory workers. But the Code on Wages counts managerial and supervisory staff as 'employees' too, so she can also file a wage claim. She first sent HR a written reminder.

What should you do?

  1. 1Send HR a written reminder (email or letter) asking for the salary by a fixed date. Keep a copy.
  2. 2Collect proof: appointment letter, salary slips, bank statements, attendance records and chats with HR.
  3. 3File a wage claim with the labour authority at your district labour office, or online on SAMADHAN where available.
  4. 4File within 3 years of the salary falling due. Co-workers with the same problem can file one joint claim.
  5. 5For large amounts, ask a lawyer about a legal notice and a civil suit for recovery.
  6. 6Can't afford a lawyer? Call NALSA at 15100 for free legal aid.

Exceptions & limits

  • The Code's wage-payment chapter does not apply to government establishments unless the government extends it. Government staff use their service rules and department grievance channels.
  • If you are contract labour and the contractor doesn't pay, the principal employer (the company where you work) must pay and recover it from the contractor. This applies where 50 or more contract workers are engaged.

Official legal reference

  • Code on Wages, 2019 — Section 17

    Time limits for paying wages: monthly wages by the 7th of the next month; dues on leaving within two working days.

    Earlier: Payment of Wages Act, 1936, Section 5Read the official text

  • Code on Wages, 2019 — Section 45

    A claims authority decides wage claims filed within 3 years and can order compensation up to ten times the claim.

    Earlier: Payment of Wages Act, 1936, Section 15; Minimum Wages Act, 1948, Section 20Read the official text

  • Code on Wages, 2019 — Section 43

    The employer must pay all dues; if it fails, the company, firm or owner of the establishment is responsible.

    Earlier: Payment of Wages Act, 1936, Section 3Read the official text

  • Code on Wages, 2019 — Section 54

    Paying an employee less than what is due is punishable with a fine up to ₹50,000; repeat offences can bring jail up to 3 months.

    Earlier: Payment of Wages Act, 1936, Section 20Read the official text

  • Occupational Safety, Health and Working Conditions Code, 2020 — Section 55

    If a contractor fails to pay contract labour, the principal employer must pay the wages and recover them from the contractor.

    Earlier: Contract Labour (Regulation and Abolition) Act, 1970, Section 21Read the official text

Where to get help

SAMADHAN (labour disputes)

File labour disputes like unpaid wages with the labour authorities.

samadhan.labour.gov.in

NALSA Free Legal Aid

Free lawyer and legal advice for eligible people through Legal Services Authorities.

Call 15100nalsa.gov.in

Source & status

Applies to
Varies by state
Which officer hears wage claims depends on your state's rules under the Code. Many states have not finished these rules, so older rules may still be used. Ask your district labour office.
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.

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