← Your rights

Your rights

Can my employer hold my salary?

Short answer

No. Employer must pay salary on time. Withholding salary is illegal.

Understanding the issue

Your employer is legally required to pay your salary by the 7th of the following month. They cannot withhold salary as punishment, for early resignation, or for any other reason. Only legally permitted deductions (PF, ESI, TDS, etc.) can be made. If your employer is not paying salary, you can file a complaint with the Labour Commissioner or through the SHRAM portal. Even during notice period, salary must be paid for days worked.

Laws that apply

  • Code on Wages — Section 17 (Timely payment)
  • Code on Wages — Section 18 (Deductions)
  • Industrial Disputes Act