Yes, an employee in India can approach the Labour Commissioner or the appropriate labour department if an employer repeatedly delays salary payments or refuses to pay earned wages. Employees have legal rights regarding timely payment of salary, and they can take formal steps to recover their unpaid wages.
The best approach is to keep proper records, raise the issue with the employer in writing, and file a complaint with the appropriate labour authority if the problem is not resolved. The exact legal procedure may depend on the employee's job, salary structure, type of establishment, and the labour laws applicable to the workplace.
1. Can an employee file a complaint with the Labour Commissioner?
Yes. An employee can approach the Labour Commissioner, the relevant Labour Department, or another authorised labour officer to complain about delayed salary payments or unpaid wages.
An employer should not treat salary payments as optional. If an employee has completed the required work, the employer is generally required to pay the wages legally due within the applicable time limit.
For example, suppose an employee receives a monthly salary of ₹25,000, but the employer has not paid the salary for the last two months. The employee may raise the issue in writing and, if the employer does not resolve it, approach the appropriate labour authority to seek recovery of the unpaid amount.
The Labour Department can examine the complaint and take action under the applicable law. Depending on the case, the employee may also be able to pursue a formal wage claim.
2. What laws protect employees against delayed salary payments?
The main law to consider is the Code on Wages, 2019. Its relevant provisions came into force on 21 November 2025, although the applicable rules and procedures can depend on the type of establishment and the appropriate government. 
This law provides a framework for wage payments, minimum wages, deductions, and related employee rights.
Employees may have protection in the following situations:
- Delayed salary: An employer fails to pay wages within the legally required period.
- Non-payment of wages: An employer refuses to pay salary or other wages that are legally due.
- Unauthorised deductions: An employer deducts money from salary without a lawful basis.
- Payment below minimum wages: An employee receives less than the applicable minimum wage.
- Unpaid overtime: An eligible employee works overtime but does not receive the required payment.
The exact remedy depends on the facts, the applicable law, and the employee's employment arrangement.
3. What should an employee do if the employer refuses to pay salary?
An employee should take the following steps to protect their rights and improve their chances of recovering the unpaid amount.
Step 1: Contact the employer in writing
The employee should first contact the HR department, payroll team, manager, or employer. They should clearly mention the unpaid salary period, the amount due, and the expected payment date.
It is better to communicate through email or another written channel rather than relying only on verbal discussions.
For example, the employee can write:
"I have not received my salary for the month of September, although I have completed my assigned duties. Please confirm the reason for the delay and let me know when the outstanding salary will be paid."
This creates a written record of the request.
Step 2: Collect all relevant documents
Before filing a complaint, the employee should gather evidence showing that they worked for the employer and that the salary remains unpaid.
Useful documents include:
- Appointment letter or employment agreement.
- Salary slips and bank statements.
- Attendance records and timesheets.
- Company emails and messages about salary payments.
- Previous salary payment records.
- Written requests made to HR or the employer.
- Resignation or termination documents, if applicable.
- A calculation of the total outstanding salary.
If the employer has made partial payments, the employee should record the amount received and the remaining balance.
Step 3: Send a formal salary demand
If informal requests do not work, the employee can send a formal written demand to the employer. The letter should state the salary period, the outstanding amount, previous attempts to resolve the issue, and a reasonable deadline for payment.
The employee should retain a copy of the letter and proof that it was sent.
A formal demand may encourage the employer to resolve the matter without a lengthy dispute. However, the employee does not need to rely indefinitely on reminders if the employer continues to refuse payment.
Step 4: File a complaint with the Labour Commissioner
If the employer still does not pay, the employee can approach the appropriate Labour Commissioner or Labour Department.
The complaint should explain the issue clearly and include the supporting documents.
The employee should provide details such as:
- Name and address of the employer.
- Job title and employment period.
- Agreed salary and usual payment date.
- Months for which salary remains unpaid.
- Total amount claimed.
- Copies of requests sent to the employer.
- Relevant employment and payment records.
The authority may examine the complaint, contact the employer, facilitate a resolution, or direct the employee to the appropriate claim procedure.
The competent authority will depend on the establishment, industry, and jurisdiction. Therefore, the employee should confirm whether the matter falls under the Central Government's or the State Government's labour machinery.
Step 5: Consider the official SAMADHAN portal
The Ministry of Labour and Employment operates the SAMADHAN portal for specified industrial and labour-related disputes. Its official FAQs identify delayed wage payments and certain other wage-related issues among the matters that can be raised through the portal.
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An employee can check whether their particular claim is covered and follow the applicable filing procedure. If the portal is not appropriate for the employee's case, they can seek guidance from the local Labour Department.
4. Can the Labour Commissioner help recover unpaid salary?
Yes, the Labour Department can help employees pursue their claims, but the exact process and outcome depend on the applicable law and the facts of the dispute.
For example, an employee may have a claim for three months of unpaid salary. The employee can submit evidence of the employment relationship, agreed salary, work performed, and non-payment.
The employer may then be asked to respond to the allegations. If the matter is not resolved informally, the employee may be directed to the appropriate statutory authority or legal process for deciding the wage claim.
An employee should not assume that filing a complaint automatically guarantees immediate recovery. The authority may need to examine the documents, hear both sides, and determine the amount legally payable.
However, keeping proper evidence and filing through the correct procedure can help the employee pursue the claim more effectively.
5. What if the employer ignores the complaint?
If the employer continues to ignore the employee's requests or refuses to cooperate, the employee can ask the Labour Department about the next available legal remedy.
Depending on the case, possible options include:
- Pursuing a formal claim before the competent wage authority.
- Seeking assistance from a registered trade union, where appropriate.
- Consulting a labour-law advocate.
- Exploring the relevant employment dispute resolution procedure.
- Considering other legal remedies where the facts justify them.
Employees should also check the applicable limitation period for filing a wage claim. Waiting too long can create difficulties, even when the salary is genuinely outstanding.
If several employees face the same problem, they may be able to seek collective assistance or raise the issue through a union, subject to the applicable procedure.
6. Can an employer dismiss an employee for demanding unpaid salary?
An employee should not assume that they lose their right to earned wages simply because they complain about non-payment.
However, whether a particular dismissal or other retaliatory action is unlawful depends on the facts, the employee's status, and the laws that apply to the employment relationship.
If the employer threatens the employee, terminates their employment after they raise a wage complaint, or pressures them to withdraw a legitimate claim, the employee should preserve relevant emails, messages, letters, and other evidence.
They can inform the Labour Department about these additional circumstances and seek legal advice about the remedies available.
Employees should avoid signing documents that falsely confirm full and final payment when the salary remains unpaid. If an employer offers a settlement, they should carefully check the amount and the terms before accepting it.
7. Practical tips for employees
Here are some useful precautions when dealing with delayed salary payments:
- Keep written records: Save emails, messages, salary slips, and bank statements.
- Calculate the amount due: Prepare a month-by-month statement of unpaid salary.
- Communicate professionally: State the facts clearly and avoid threats or abusive language.
- Do not rely only on verbal promises: Ask the employer to confirm the payment date in writing.
- Do not delay unnecessarily: Check the applicable deadline for filing a claim.
- Use the correct authority: Confirm the appropriate Labour Department or wage-claim procedure for your workplace.
- Seek legal help when necessary: A labour-law advocate or trade union may help if the amount is substantial or the employer disputes the claim.
