How do I recover unpaid salary from my employer in India?

Question

My employer has not paid my salary for the last three months despite reminders. I want to know how to legally recover it. Before I spend money on it, I want to know whether Payment of Wages Act 1936, Section 15 gives me a remedy here and what proof I would need. Any Section numbers I can quote when I write to them would be useful.

MyVakeel Legal Desk · Accepted Answer

Payment of Wages Act 1936, Section 15, Code on Wages 2019 and Industrial Disputes Act 1947 is what decides this question in India. Read it alongside the provisions named, because the relief available to you turns on the facts you can prove on paper.

The Payment of Wages Act 1936 applies to employees earning wages below the notified wage ceiling and requires wages to be paid within 7 days of the wage period for establishments with fewer than 1000 employees, or 10 days otherwise, under Section 5.

A claim for unpaid or delayed wages can be filed before the Authority under the Payment of Wages Act under Section 15 within 12 months of the wages becoming due, though delay can be condoned for sufficient cause.

The Authority can direct payment of the unpaid wages along with compensation of up to 10 times the amount deducted or delayed, making this a fast and low-cost forum compared to civil suits.

Higher-earning employees not covered under the Act can send a legal notice and, if unresolved, file a civil suit for recovery of wages as a contractual debt, or a criminal complaint for breach of trust in appropriate cases.

Non-payment for a sustained period may also be treated as constructive dismissal, entitling the employee to claim retrenchment benefits and resign citing employer default.

In practice, in this order: 1) Send a written demand for unpaid wages with a clear deadline and copy to HR; 2) Compute the exact arrears using salary slips and the appointment letter; 3) File an application before the Payment of Wages Authority in your jurisdiction if within the wage threshold; 4) Consult a labour lawyer for a civil recovery suit if your salary exceeds the Act's coverage limit.

Timing matters here: Payment of Wages Act 1936, Section 15 works on limitation periods, so a unpaid salary claim that is right on the merits can still fail if it is brought late. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in labour law.