Salary Not Paid? How to File a Complaint and Send a Legal Notice in India (2026)

Salary Not Paid — What Are Your Legal Options?

Non-payment or delayed payment of salary is both a civil wrong and a criminal offence in India under multiple labour laws. You have strong rights and several efficient remedies.

Laws That Protect You

• Payment of Wages Act, 1936: Requires wages to be paid by the 7th of the following month (for establishments with fewer than 1,000 employees) or 10th (for 1,000+). Unauthorized deductions are also prohibited.
• Minimum Wages Act, 1948: Payment below the applicable minimum wage is a criminal offence.
• Industrial Disputes Act, 1947: Protects against wrongful termination linked to salary disputes.
• Shops and Establishments Act (state-level): Also mandates timely payment in most states.

Step 1: Send a Legal Notice to the Employer

The first step is to send a formal legal notice to your employer's registered address citing the Payment of Wages Act and demanding unpaid salary within 15 days. This:

• Puts the employer on legal notice — triggers their legal team
• Creates a dated record of when you first formally demanded payment
• Demonstrates good faith — important if you later file in Labour Court
• Often results in immediate payment (employers fear Labour Department scrutiny)

Step 2: File a Complaint with the Labour Commissioner

File a complaint with the Assistant Labour Commissioner (ALC) or the Labour Commissioner in your district. This process:

• Is completely free
• The Labour Commissioner summons both parties for conciliation
• If conciliation succeeds, the employer pays (often within 30 days)
• If conciliation fails, the Commissioner issues a certificate for recovery through civil court

You can also file the complaint online via your state government's labour portal (most states have this).

Step 3: Labour Court (Payment of Wages Act — Section 15)

File an application under Section 15 of the Payment of Wages Act in the Labour Court. The court can order payment of salary plus compensation of 10x the delayed salary (for wilful delay) and up to ₹750 per claim in additional compensation.

Step 4: Consumer Forum (if company was a service provider)

If you are a contractual worker, consultant, or freelancer engaged by a company, the non-payment of your fees is a 'deficiency in service' under the Consumer Protection Act and you may also file in consumer court via EDAAKHIL.

Checklist Before Filing

• Offer letter / employment agreement showing your salary
• Last 6 months' salary slips
• Bank statement showing last salary received
• Any written communication from employer about delay
• PF statement (to show employment continuity)
• Your legal notice and employer's response (or proof of non-response)

PF Not Deposited?

If your employer has deducted PF from your salary but not deposited it to your EPFO account, file a complaint directly with EPFO (Employees' Provident Fund Organisation) via the EPFiGMS portal (epfigms.gov.in) — mobile number and UAN are sufficient. The EPFO has enforcement powers to prosecute employers who siphon PF deductions.

Compensation You Can Claim

• Full unpaid salary amount
• Interest on delayed salary
• 10x compensation for wilful delay (Labour Court)
• Compensation for mental agony (consumer court if applicable)
• Legal notice cost