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+{{htmlmetatags>metatag-canonical=(https://righttoinformation.wiki/labour-department-complaint-employer-salary-pf-india)&metatag-title=(Employer Not Paying Your Salary? Evidence and Complaint Guide)&metatag-description=(Employer not paying your salary in India? Gather the right evidence, send a written demand, and file a labour complaint. Step-by-step action guide 2026.)&metatag-keywords=(unpaid salary, labour complaint, wages, labour commissioner, Shram Suvidha, employment dispute)&metatag-robots=(index,follow)&metatag-og:title=(Employer Not Paying Your Salary? Evidence and Complaint Guide)&metatag-og:description=(Employer not paying your salary in India? Gather the right evidence, send a written demand, and file a labour complaint. Step-by-step action guide 2026.)&metatag-og:type=(article)}}
+====== Employer Not Paying Your Salary? Evidence and Complaint Guide ======
+**If your employer has stopped paying your salary, your earned wages do not disappear because the company is short of money. They remain a legal entitlement once you have done the work. This guide shows you what evidence to collect, how to raise the matter in writing, and how to escalate to the labour authorities or court if you are still not paid.**
+{{:practical-guides:salary-not-paid-by-employer-labour-complaint-evidence.webp|Employer Not Paying Your Salary? Evidence and Complaint Guide}}
+**Reviewed on:** 2026-05-29.
+<WRAP center round info 95%>
+**Quick Reply:**
+Earned salary is a legal right, not a favour. First, list exactly what is unpaid and gather your offer letter, payslips, bank statements, attendance records, and the HR email trail. Raise it in writing and ask for a payment date. If you are still not paid, send a formal demand or legal notice, then file a complaint with the office of the Labour Commissioner or your jurisdictional Labour Officer, or through your state labour portal or the central Shram Suvidha Portal. Act promptly, because wage claims have limitation periods. RTI helps only where the employer is a government or public-sector body, or to track a filed complaint.
+</WRAP>
+===== Who this guide is for =====
+This guide is for employees and workers in India whose salary or wages have not been paid by an employer — fully or partly, for one month or many. It applies whether you are still working there or have recently left. It is useful if:
+  * Your monthly salary has stopped arriving in your bank account, with no clear reason given.
+  * You are being paid late, in instalments, or only part of your agreed pay.
+  * The employer keeps saying funds are tight, a client has not paid, or salaries are delayed for everyone.
+  * You are a contract employee, probationer, or fixed-term staff member and your pay has been withheld.
+  * You are a freelancer or gig worker chasing an unpaid invoice for work already delivered.
+This guide covers non-payment //during// or //shortly after// employment. If your basic salary kept arriving but separation dues — bonus, leave encashment, or the final settlement after you resigned — are stuck, see the companion guide on [[/practical-guides/full-and-final-settlement-delayed-salary-bonus-leave-encashment/|delayed full and final settlement after resignation]]. If your pay arrived but looked smaller than expected, read our explainer on [[/why-salary-lower-this-month-hidden-deductions|why your salary is lower this month and hidden deductions]].
+===== What you can do this weekend =====
+==== Friday evening ====
+Open your bank statement and your payslips side by side. Write down each month that is unpaid or short-paid, the agreed amount, and the date salary was normally credited in earlier months. This simple table — period, amount due, amount paid, shortfall — becomes the backbone of every letter and complaint you send later.
+Next, locate your offer letter or appointment letter. This is the single most important document, because it states your agreed salary and confirms you are an employee. Save a clean copy outside your work email, in case access to office systems is cut off without warning.
+==== Saturday ====
+Build your evidence bundle. Download payslips for the last several months, export your bank statement showing past salary credits and the gap, and save attendance, biometric, or login records that show you actually worked. Take screenshots of your work-from-office swipes or remote login dashboards if you have them.
+Now export every relevant message. Save the email trail with HR and your manager, and export WhatsApp or internal chats where pay was discussed, with dates and timestamps visible. If anyone admitted in writing that salary is overdue or promised a payment date, that admission is valuable — keep it safe.
+Store everything in at least two places, such as a personal email and a phone or drive. Employees often lose access to company laptops and email overnight, so do not rely on a work account to hold your only copies.
+==== Sunday ====
+Draft a calm, factual written request to HR or the employer. Use the template later in this guide as a starting point. State the months unpaid, the total amount, and a reasonable date by which you expect payment. Keep the tone professional — your aim is payment, and a measured letter reads well later if a labour officer or judge sees it.
+Finally, make a short plan for the week. Decide when you will send the written request, how long you will wait, and the escalation step you will take if there is no genuine response. If a large sum is involved or you have already been ignored, line up a short consultation with a labour lawyer for early in the week.
+===== Documents and evidence checklist =====
+^ Document ^ What it proves ^ Where to get it ^
+| Offer letter / appointment letter | You are an employee and the agreed salary amount | Your email at the time of joining; HR file |
+| Payslips (recent months) | Salary structure, components, and the months that went unpaid | HR / payroll portal; salary email |
+| Bank statement | Earlier salary credits and the missing or short months | Your bank net-banking or branch |
+| Attendance / login / biometric records | You actually worked during the unpaid period | Office attendance system; your own screenshots |
+| Email and message trail with HR / manager | You raised the issue; any admission or promise to pay | Your inbox; chat export with timestamps |
+| Employment contract / terms (if separate) | Notice terms, salary components, payment schedule | Your joining paperwork |
+| Form 16 / TDS or EPFO passbook | Independent proof of past salary and employment | Income-tax portal; EPFO member portal |
+| Invoices and proof of delivery (freelancers) | Work delivered and the amount billed but unpaid | Your records; the client's acceptance email |
+| Resignation and acceptance (if you have left) | Your exit date and any dues still pending | Your email; HR acknowledgement |
+===== Step-by-step action plan =====
+==== Step 1 — Confirm exactly what is unpaid ====
+Be precise. List each month or component that is unpaid, with the agreed amount from your offer letter. Note when salary was due and when it was actually paid in earlier months. Vague claims like "they owe me a lot" carry little weight; a clear table of dates and figures carries a great deal.
+==== Step 2 — Gather and preserve your evidence ====
+Assemble the documents from the checklist above. Keep digital copies in more than one place. Export chats and emails with timestamps. If your salary used to arrive on a fixed date and then stopped, that pattern in your bank statement is strong, neutral evidence of non-payment that no one can dispute.
+==== Step 3 — Raise it in writing with HR or the employer ====
+Send a clear, dated email or letter to HR and your reporting manager. State the unpaid amount, the period, and a reasonable date by which you expect payment. Keep it factual and courteous. Avoid threats at this stage. A written record matters far more than a phone call, because a call leaves no proof and is easy to deny later.
+==== Step 4 — Understand your wage rights in plain terms ====
+Indian law treats timely payment of earned wages as an obligation, not a discretion. Wage-payment laws require employers to pay within prescribed periods and restrict the deductions that can be made from wages. A company being loss-making or short of funds is not a recognised excuse for not paying earned salary. The exact law, wage thresholds, and the authority that applies to your case can vary with your role, sector, and state, so describe your situation accurately when you complain rather than relying on a single section number you found online.
+==== Step 5 — Send a formal demand or legal notice ====
+If the polite request is ignored or fobbed off, escalate to a formal demand. You can send it yourself or, better, through a lawyer as a legal notice. Send it by email and by registered or speed post so you have proof of delivery. State the amount, the basis, the documents you hold, and that you will approach the labour authorities or court if payment is not made by a stated date.
+==== Step 6 — File a complaint with the labour authority ====
+If the notice does not work, approach the office of the **Labour Commissioner** or the jurisdictional **Labour Officer** for your area. Many states have an online labour grievance system, and the central **Shram Suvidha Portal** serves establishments under central labour laws. Submit your written demand, your evidence bundle, and a short complaint setting out the facts and the amount claimed. Note the receipt or reference number.
+==== Step 7 — Attend conciliation and pursue the claim ====
+The labour authority usually calls both sides for conciliation — a meeting to settle the dispute. Attend every date, carry originals, and take notes of what is said and agreed. If conciliation succeeds, get any settlement in writing. If it fails, the matter may move to the appropriate authority or court for a formal claim. The correct forum depends on your worker category and the amount involved, so this is the point to take professional advice if you have not already.
+==== Step 8 — Decide on the civil route for large or contested dues ====
+Where the amount is large, the relationship is more commercial than employment, or you are a freelancer, a civil recovery suit or a summary money claim may be the more suitable route. A lawyer can advise whether a labour complaint, a civil suit, or both, fits your facts. Act without delay, because all of these routes have limitation periods, and a strong claim can be lost simply by waiting too long.
+===== Escalation ladder =====
+^ Stage ^ Action ^ Forum / Destination ^ Target timeline ^
+| 1 | Written request for payment with the unpaid-amount table | HR / reporting manager / employer (email + letter) | Allow a short, reasonable window (e.g. a few days) |
+| 2 | Formal demand or legal notice with proof of delivery | Employer, by email and registered/speed post | Set a clear payment date in the notice |
+| 3 | File a labour grievance with the evidence bundle | Labour Commissioner / Labour Officer; state labour portal or Shram Suvidha Portal | Note receipt number; follow up regularly |
+| 4 | Attend conciliation; pursue formal claim if it fails | Labour authority / appropriate authority or court | As scheduled by the authority |
+| 5 | RTI for records (government/PSU employer or filed complaint) | CPIO / PIO of the public authority concerned | Generally about 30 days under the RTI Act |
+| 6 | Civil recovery suit or summary money claim for large/contested dues | Civil court of appropriate jurisdiction (with a lawyer) | Mind the applicable limitation period |
+===== Copy-paste complaint template =====
+Replace the text in square brackets with your own details before sending. Use this for the written request to HR, or adapt it as the body of a complaint to the labour authority.
+To,
+The HR Head / Director
+[Name of Employer / Company]
+[Registered / Office Address]
+Date: [DD/MM/YYYY]
+Subject: Request for payment of unpaid salary / wages
+Respected Sir / Madam,
+. I am [Your Name], employed with [Company Name] as [Designation],
+   Employee ID [ID, if any], having joined on [Joining Date] at an
+   agreed gross salary of Rs [Amount] per month as per my
+   appointment letter dated [DD/MM/YYYY].
+. My salary for the following period(s) remains unpaid or short-paid:
+   a. [Month/Year] — amount due Rs [Amount], amount paid Rs [Amount],
+      shortfall Rs [Amount].
+   b. [Add rows as needed.]
+   Total amount due: Rs [Total Amount].
+. I have performed my duties during this period, as shown by my
+   attendance / login records, and earlier salary was credited to my
+   account ending [last 4 digits] on or around the [date] of each month.
+. Despite my earlier requests on [dates of any prior emails/messages],
+   the above amount has not been paid.
+. I therefore request you to release the outstanding amount of
+   Rs [Total Amount] to my registered bank account on or before
+   [reasonable date]. Kindly also confirm my full and final dues, if any.
+. If I do not receive payment by the above date, I will be constrained
+   to approach the appropriate labour authority and pursue all remedies
+   available to me under law.
+I have attached copies of my appointment letter, payslips, bank
+statement, attendance records, and earlier correspondence in support.
+Yours faithfully,
+[Your Full Name]
+[Designation]
+[Employee ID]
+[Mobile Number]
+[Email Address]
+[Bank Account Number / details for payment]
+===== When RTI can help =====
+The Right to Information Act, 2005 applies to public authorities — central and state government departments, and public-sector undertakings. In a salary dispute, RTI is useful in these specific situations:
+  * **Your employer is a government body or PSU:** If you work for a government department, a government company, or a public-sector undertaking, you can file an RTI with its Public Information Officer asking for your salary-payment records, the sanction status of your dues, and the file noting on why payment is held up.
+  * **Tracking a complaint you have filed:** Once you have lodged a complaint with a labour department or other public authority, RTI can be used to ask for the action taken on your complaint, the inspection or conciliation notes, and the current status of your file.
+  * **Inspection and enforcement records:** Where a labour authority is supposed to inspect or act against an erring establishment, RTI can reveal whether any inspection, notice, or order was actually issued.
+To file an RTI, see our step-by-step guide on [[/file-rti-online-india|how to file an RTI online in India]]. If your RTI is ignored or refused, you can escalate through our guide on [[/file-first-appeal-rti-section-19-2026|filing a first appeal under RTI Section 19]]. For complaints that overlap with grievance redress, our overview of [[/cpgrams-rti|CPGRAMS and RTI together]] explains how to combine the two. For deeper strategy on using information rights in disputes, [[/books.php|The RTI Playbook]] is a useful companion.
+===== When RTI will not help =====
+Be realistic about RTI's limits in a salary dispute:
+  * **Private employers are out of reach:** RTI does not apply to private companies. It cannot force a private employer to open its payroll records or to pay your salary. For a private employer, your remedies are the written demand, the labour complaint, and the civil or appropriate forum — not RTI.
+  * **RTI does not order payment:** Even against a government employer, RTI gets you information, not a payment order. Use what RTI reveals to support your representation or complaint; it is evidence and leverage, not a remedy in itself.
+  * **It will not speed up money:** RTI runs on its own timeline of roughly 30 days. To actually recover wages, the labour complaint and, if needed, the court route are the channels that can direct payment.
+===== Common mistakes to avoid =====
+  * **Relying only on verbal promises:** A manager who keeps saying "next week" over the phone leaves you with nothing to show later. Get every commitment in writing, or send a short email confirming what was said.
+  * **Waiting too long to act:** Wage claims have limitation periods. Each month you delay weakens your position and risks the claim becoming time-barred. Raise it in writing early and escalate steadily.
+  * **Losing access to your evidence:** Employees who are suddenly logged out of office systems lose payslips, emails, and chats. Back up everything to a personal account now, before any confrontation.
+  * **Resigning in anger without a plan:** A hasty resignation can muddle your dues, notice pay, and final settlement. Decide calmly, and where the sum is large, take advice before you quit.
+  * **Sending threatening or abusive messages:** Keep all communication factual and professional. Aggressive messages can be used against you and rarely speed up payment.
+  * **Choosing the wrong forum:** A freelancer is usually not a "workman" for labour-department purposes and may need the civil or consumer route instead. Match the route to your actual status rather than assuming the labour office covers everyone.
+  * **Ignoring independent proof of employment:** Your Form 16, TDS records, and EPFO passbook can prove the job and past salary even if the employer disputes everything. Pull these alongside your payslips.
+  * **Mixing up salary disputes with loan recovery:** If a bank is sweeping your salary account for an EMI, that is a different problem; see our guide on [[/can-bank-deduct-entire-salary-for-emi-india|whether a bank can deduct your entire salary for an EMI]].
+===== Official links =====
+  * [[https://shramsuvidha.gov.in/|Shram Suvidha Portal (shramsuvidha.gov.in)]] — Unified portal of the Ministry of Labour and Employment for establishments and grievances under central labour laws
+  * [[https://labour.gov.in/|Ministry of Labour and Employment (labour.gov.in)]] — Central labour ministry; directory of labour laws and authorities
+  * [[https://pgportal.gov.in/|CPGRAMS (pgportal.gov.in)]] — Central grievance portal for matters against government departments and PSUs
+  * [[https://rtionline.gov.in/|RTI Online (rtionline.gov.in)]] — File an RTI with central public authorities, including government employers
+===== Frequently asked questions =====
+==== My employer says there is no money to pay salaries. Is that a valid reason? ====
+No. Cash-flow trouble is the employer's risk, not yours. Earned wages are a legal entitlement once you have done the work. Loss-making or fund shortage is not a recognised defence to non-payment of wages. Send a written demand, keep records of what is due, and approach the labour authorities if payment is not made within a reasonable time.
+==== Where do I complain if my private employer has not paid my salary? ====
+Start with a written demand to HR or the employer. If that fails, approach the office of the Labour Commissioner or the jurisdictional Labour Officer for your area, often through the state labour department or the central Shram Suvidha Portal. Many states also accept online labour grievances. Where the amount is large or contested, a civil recovery suit or a claim before the appropriate labour authority may be needed.
+==== What documents do I need to prove my salary was not paid? ====
+Keep your offer or appointment letter showing the agreed salary, payslips, your bank statement showing earlier salary credits and the missing months, attendance or login records, and the full email or message trail with HR. Together these prove the employment relationship, the agreed wage, that you worked, and that payment stopped.
+==== Is there a time limit to claim unpaid salary in India? ====
+Yes. Wage claims are subject to limitation periods, which vary by the law and forum you use. Do not delay. Send your written demand promptly and file your complaint as soon as it is clear the employer will not pay. If you are unsure of the deadline that applies to your case, consult a labour lawyer quickly so a valid claim is not lost to limitation.
+==== I am a contract worker or gig worker. Can I still complain about unpaid pay? ====
+Often yes, but the route depends on your status. A contract employee on a company's rolls is usually treated like other employees for wage claims. A genuinely independent contractor or freelancer may need to pursue payment as a commercial debt through a legal notice and civil or consumer route rather than the labour department. Keep your contract, invoices, and proof of work delivered, and take advice on which forum fits your facts.
+==== Can I use RTI to make my private employer pay my salary? ====
+No. The Right to Information Act applies to public authorities, not to private companies. RTI cannot reach a private employer's payroll or force payment. RTI is useful if your employer is a government department or a public-sector undertaking, or to track the status of a complaint you have filed with a labour department or other public authority.
+==== Should I resign before complaining about unpaid salary? ====
+Not necessarily, and not in haste. You can claim earned wages whether you stay or leave. Resigning under pressure can complicate your dues, notice pay, and full and final settlement. Decide based on your situation and, where the amount is significant, take advice before resigning so you protect both your job options and your wage claim.
+{{tag>labour employer paying salary evidence complaint}}