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Employment & salary

Salary not paid or delayed

The Code on Wages, 2019 sets deadlines for paying wages and a claims process. Here's how it works and where employees take unpaid salary disputes.

Reviewed by AnjaliUpdated 5 min readRules vary by state ↓

In short

  • The Code on Wages, 2019 came into force on 21 November 2025, replacing the Payment of Wages Act, the Minimum Wages Act and related laws.
  • For monthly wages, the Code requires payment before the end of the seventh day of the following month.
  • When employment ends (resignation, removal, dismissal or retrenchment), wages due must be paid within two working days.
  • Claims for unpaid wages can be made to the authority appointed under the Code, generally within three years.

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02What the law says

The Code on Wages, 2019 consolidates India's main wage laws. Section 17 sets time limits for paying wages: daily wages at the end of the shift, weekly wages before the weekly holiday, fortnightly wages before the end of the second day after the fortnight, and monthly wages before the end of the seventh day of the next month. Where an employee is removed, dismissed, retrenched or resigns, the wages due must be paid within two working days.

Section 45 lets an employee (or their registered trade union, or an Inspector-cum-Facilitator) file a claim about unpaid wages before an authority of at least Gazetted Officer rank appointed by the "appropriate government". For most private employers that is the state government's labour department. For establishments under the central government, it is an officer appointed by the Centre. The claim can generally be filed within three years from when it arose, and the authority can accept a later claim if there's sufficient cause. Because the authority and the procedure are set by the appropriate government, they differ from state to state.

Other laws can also matter, such as your employment contract, the Industrial Relations Code, 2020 for disputes involving "workers", and EPFO rules if provident fund contributions weren't deposited. Depending on your role and salary, a civil suit for recovery may also be an option.

Your state

General information for India. State-specific notes are listed below.

Karnataka · Karnataka: wage claims and the draft state rules

In Karnataka, the state Labour Department handles wage matters for most private employers. Karnataka published draft Code on Wages (Karnataka) Rules, 2026 for comment in January 2026. Final rules could not be confirmed as notified as of 15 November 2026, so the draft is not law. The central government's release of 21 November 2025 says the relevant provisions of the existing labour Acts and their rules and notifications continue in force during the transition. Which officer is the authority for wage claims under Section 45 of the Code in Karnataka can be confirmed with the local labour office.

Labour Department, Government of Karnataka (opens in new tab)

Keralam (Kerala) · Keralam: wage claims and the draft state rules

In Keralam (formerly Kerala), the Labour Commissionerate handles labour complaints for most private employers. Its website lists the state's rules under the Code on Wages as "Draft Rules", and final rules could not be confirmed as notified as of 15 November 2026. The central government has said the relevant provisions of the existing labour Acts and their rules continue in force during the transition. The Commissionerate's website has a Register complaint (opens in new tab) link and lists a Labour Call Centre on 1800 42555 214. Which officer is the authority for wage claims under Section 45 of the Code can be confirmed with the Commissionerate.

Labour Commissionerate, Government of Keralam (opens in new tab)

Tamil Nadu · Tamil Nadu: wage claims and the draft state rules

In Tamil Nadu, the Commissionerate of Labour handles wage claims for most private employers. The state published draft Code on Wages (Tamil Nadu) Rules, 2022 in the Tamil Nadu Government Gazette Extraordinary No. 214 on 11 April 2022 (G.O. Ms. No. 36). Under that draft, a claim would be made in Form II to the authority notified under Section 45. Final rules could not be confirmed as notified as of 15 November 2026, so the draft is not law. Under the earlier Payment of Wages Act, an undated department document named the Regional Joint Commissioners of Labour as the authorities for wage claims. No notification naming the authority under the Code was found. The department's website has a Grievances (opens in new tab) section.

Commissionerate of Labour, Tamil Nadu (opens in new tab)

03Where you can go

  1. HR or management, in writing. A written request for the unpaid amount and the date it will be paid creates a record.
  2. Labour department. A claim can be filed with the authority under the Code on Wages in your state.
  3. EPFO grievance portal if PF contributions shown on your payslip weren't deposited.
  4. Civil court for recovery, which some employees use depending on their role and contract.

04How it usually works

  1. 01

    Employees usually keep a record of what's due: months unpaid, amounts, and any partial payments.

  2. 02

    They write to the employer and keep a copy.

  3. 03

    If it isn't resolved, a claim can be filed with the labour authority, which can hear both sides and order payment.

  4. 04

    Orders can be appealed within 90 days (Section 49), or later if the appellate authority accepts there was sufficient cause.

05Time limits

  • Seventh day of the next month: deadline for monthly wages.
  • Two working days: for dues when employment ends.
  • Three years: to file a claim under the Code, with possible extension for sufficient cause.
  • 90 days: to appeal an order on a claim.

06Documents to gather

  • Offer letter or appointment letter, and the employment contract
  • Payslips and bank statements showing what was and wasn't paid
  • Attendance records, timesheets or emails showing the work done
  • Resignation, termination or relieving letter, and any full-and-final settlement statement
  • Emails and messages about the delay

07Common questions

The rules on timely payment of wages apply widely, but how a claim is handled can depend on your role and salary. An advocate can confirm the right route.

The employer's obligation to pay generally remains. Insolvency proceedings, if any, can affect how and when dues are recovered.

PF issues are handled by the EPFO, separately from the wages claim.

08Questions to ask an advocate

If you speak to an advocate, these questions can help make the conversation useful.

  • Should I file under the Code on Wages, the Industrial Relations Code, or a civil suit?
  • Which authority covers my workplace?
  • How do I claim interest or compensation for the delay?

09Sources

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This guide is general legal information for India, not legal advice. Laws and procedures change and can differ by state. For advice on your situation, speak to a qualified advocate.

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