labour
Employer Not Paying Salary
Your employer is not paying your salary, has delayed payments, or is withholding earned wages and benefits.
Do this now
- 01Send a written request to employer for pending salary
- 02Keep records of your appointment letter, payslips, and bank statements
- 03Send a formal legal notice through a lawyer
- 04File complaint with Labour Commissioner
- 05File complaint on SHRAM portal (shramsuvidha.gov.in)
- 06If company owes PF — file complaint with EPFO
- 07Do NOT resign until you have documented everything
Evidence to collect
- Appointment letter / offer letter
- Salary slips showing payment history
- Bank statements showing missed payments
- Employment contract / agreement
- Communication with employer about salary
- Attendance records
- PF and ESI contribution records
Documents you need
- Written complaint to Labour Commissioner
- Appointment letter / contract
- Salary slips and bank statements
- Legal notice copy
- ID proof
- Company registration details
Where to complain
- Labour Commissioner — Wage complaint
- SHRAM Portal — shramsuvidha.gov.in
- EPFO — For PF complaints (epfindia.gov.in)
- Labour Court — For disputed claims
- Civil Court — Money recovery suit
- Criminal complaint — If employer deliberately withholds wages
Laws that apply
- Code on Wages — Section 17 (Timely payment of wages)
- Code on Wages — Section 3 (Minimum wages)
- Payment of Gratuity Act — Section 4
- Industrial Disputes Act — Section 33C (Recovery of money due)
- EPF Act — Employer must deposit PF
Understanding the issue
Under Indian labour law, employers are legally obligated to pay wages on time. Monthly salary must be paid by the 7th of the following month. Failure to pay is a punishable offence. You can file complaints with the Labour Commissioner and recover unpaid wages through legal channels.
When to see a lawyer
Consult a lawyer if salary is unpaid for more than 2 months, if employer is threatening termination, or if you need to file a court case for recovery.