Salary Dues – Quick Guide to Getting Your Unpaid Wages

If your employer hasn't paid your salary on time, you're not stuck. Indian law gives you strong tools to chase what you’re owed. This guide breaks down what you can do right now, without legal jargon or endless forms.

Know Your Rights

First up, you have the right to receive your full wages on the agreed payday. The Payment of Wages Act, 1936, says any delay beyond 15 days is illegal unless you’ve signed an amendment. Even if you’re on a contract, the same rules apply. You can also claim interest on late payments – usually 12% per annum.

Don't forget the minimum wage act. If you earn below the set floor, the employer must make up the difference. And if your salary includes overtime, bonuses, or allowances, those count as part of your dues too. Ignoring any of these pieces can weaken your case.

Steps to Recover Salary

1. Talk to your HR. A polite reminder often does the trick. Keep a record of emails or messages – they become proof if things go south.

2. Send a formal demand letter. Write a short note stating the amount due, the due date, and a deadline (usually 7‑10 days) for payment. Mention the legal sections that protect you. Send it by registered post so you have a receipt.

3. Approach the labor office. If the employer ignores you, file a complaint with the nearest Labour Commissioner. The process is straightforward: fill a form, attach your salary slips, demand letter, and any proof of non‑payment. An officer will issue a notice to the employer.

4. Use the conciliation board. Many states have a board that tries to settle disputes before they reach court. It’s faster and cheaper. Both sides present their evidence, and the board can order payment plus interest.

5. Take legal action. If all else fails, you can file a civil suit for recovery of wages. Small claims courts handle amounts up to INR 5 lakh and usually settle within a few months. A lawyer can draft a plaint, attach all documents, and represent you in court.

6. Seek interim relief. While your case is pending, you can ask the court for a temporary injunction to stop the employer from dismissing you or to freeze company assets.

Remember, each step builds a stronger paper trail. The more evidence you have – salary slips, bank statements, appointment letters – the easier it is for authorities to side with you.

Also, be aware of the time limit. Under the Limitation Act, you have three years from the date the salary was due to file a suit. Don’t wait too long, or you might lose the right to claim.

Finally, stay calm and organized. Unpaid salary can be stressful, but a clear plan cuts down the guesswork. Use the steps above, keep everything documented, and you’ll increase your chances of getting your money fast.