Unpaid Salary or Wages: Your Options 2026

Reviewed on: 2026-06-19.

Before you file anything, identify what exactly is unpaid. The answer decides your forum.

[Start: Employer has not paid / deducted wages]
        |
        v
  Is it minimum wages or total salary not paid?
        |
        |- YES --> File claim under Code on Wages s.45
        |          Authority: jurisdictional Wage Authority
        |          Limit: 3 years from wages falling due
        |          Outcome: wages + up to 10x compensation
        |
        |- NO: Is it an illegal deduction from wages paid?
                |
                |- YES --> Claim under Code on Wages s.18
                |          (same authority, same 3-year window)
                |
                |- NO: Is it PF/ESI not deposited?
                        |
                        |- YES --> File on EPFiGMS (EPFO)
                        |          or ESIC grievance portal
                        |
                        |- NO: Is employer a central govt / PSU?
                                |
                                |- YES --> CPGRAMS (pgportal.gov.in)
                                |
                                |- NO --> State Labour Commissioner
                                          (SHRAM SUVIDHA / state portal)

The Code on Wages 2019 (in force from 21 November 2025 in most states) consolidates the old Payment of Wages Act 1936 and the Minimum Wages Act 1948 into a single statute. If your employer has not paid wages at all, or has paid below the minimum rate, or has made a deduction that is not permitted under the Code, you file a written claim before the Wage Authority appointed by the state government.

What the authority can order:

• Payment of the unpaid or underpaid amount.
• Additional compensation of up to ten times the unpaid amount. This is discretionary; the authority considers the gravity of the default.
• Recovery of the ordered amount as land revenue (the state can attach the employer's property if the employer ignores the order).

Key timelines:

• Limitation: 3 years from the date the wages fell due.
• Decision: the authority should decide within 3 months of receiving the claim.
• Appeal: either party may appeal to a higher court within 90 days of the order.

Who is covered: All employees whose wages are below the wage ceiling notified by the Central Government (check the current ceiling with your state Labour Department). Most workers in factories, shops, construction, plantations, and unorganised sectors fall within this ceiling.

How to file:

1. Write a claim letter (or use the form provided by the state Labour Department) stating your name, employer name and address, amount due, and the period of default.
2. Attach copies of your pay slips, appointment letter, and any bank-credit records.
3. Submit to the Wage Authority in the district where you work (usually sits in the Labour Commissioner's office).
4. File in person or by post. Keep a stamped acknowledgement.

If your employer has deducted an amount that the Code does not permit (for example, a deduction for a supposed loss or fine that was not sanctioned in writing, or a deduction that exceeds 50 per cent of wages in a pay period), the remedy is still the same Wage Authority under section 18 of the Code on Wages 2019. The procedure and timelines are the same as Route 1 above.

If the unpaid element is Provident Fund (PF) or Employees' Pension Scheme (EPS) contributions that your employer collected from your salary but did not deposit, or if your PF balance or pension payment (PPO) is wrong, file on the EPFO grievance portal: EPFiGMS.

• EPFO can initiate a section 7A inquiry under the EPF and MP Act 1952 and recover dues from the employer.
• You can also file an EPFO grievance and track progress.
• To check your PF balance before filing: check your EPF/PF balance.
• For pension payment issues, first check your PPO status and then raise a grievance.

For most employees in the organised private sector, the state Labour Commissioner is the nodal authority for wage complaints. The central SHRAM SUVIDHA portal (shramsuvidha.gov.in) integrates complaint filing for central-sphere establishments. State portals vary; search “[your state] labour department complaint” to find the right URL.

The Labour Commissioner can:

• Conciliate between you and your employer (faster than a formal claim).
• Refer the matter to a Labour Court if conciliation fails.
• Initiate prosecution for violations of labour laws.

If your employer is a central government department, a central public sector undertaking, or a central autonomous body, escalate unpaid salary grievances to CPGRAMS (pgportal.gov.in). CPGRAMS routes your petition to the concerned ministry's grievance officer, who must respond within 30 days.

1. Send a legal notice (by registered post with acknowledgement due) to your employer demanding payment within 15 days. Keep the postal receipt. This notice is not mandatory for a wage claim but is good practice and sometimes prompts immediate payment.
2. Collect evidence: salary slips, appointment letter, bank statements showing salary credits and gaps, any written communications about non-payment.
3. Identify your forum using the triage above.
4. File your claim or complaint within the limitation period. For Code on Wages claims, you have 3 years; but filing early strengthens your case and avoids memory gaps.
5. Follow up. If the authority does not decide within 3 months under the Code on Wages, you may approach the High Court for a direction to expedite.

Yes. An oral contract of employment is legally valid. You can use bank statements, witness statements from colleagues, or any written communication (even WhatsApp messages) to establish the terms of employment. The Wage Authority can also summon the employer's records.

Filing a wage claim is a statutory right. Victimisation for exercising this right can itself attract legal action under the Industrial Disputes Act 1947 if you are a “workman” within that Act. Keep a record of any retaliatory communication.

There is no statutory minimum amount under the Code on Wages 2019. Even a single day's unpaid wages can be the subject of a claim.

The Wage Authority should decide within 3 months. In practice, contested claims can take longer. The SHRAM SUVIDHA conciliation route is faster for straightforward cases.

Yes. A wage claim before the Wage Authority and a criminal complaint (for example, under section 316 of the Bharatiya Nyaya Sanhita 2023 for breach of trust, or under the Code on Wages for the penalty provisions) are parallel remedies. Filing one does not bar the other.

Under the Code on Wages 2019, the Wage Authority may order up to ten times the unpaid amount as compensation. This is in addition to the actual wages due. The multiplier is discretionary and depends on the gravity and duration of the default.

File your claim before the Wage Authority in the state where you performed the work, not where the employer is registered. The authority in the workplace state has jurisdiction.

Workers paid through a contractor are entitled to wages from the contractor under the Code on Wages. The principal employer (the company that hired the contractor) is also liable if the contractor defaults. Gig workers and platform workers may have access to the Social Security Code 2020 once notified, but as of 2026 those provisions are not yet in force; they should use the Labour Commissioner route.

If the Labour Commissioner or Wage Authority is not acting on your complaint, or if you want copies of records held by a public authority (such as the inspection register or past orders against your employer), file an RTI application.

File an RTI to: the Labour Commissioner / concerned Labour Department

RTI questions to ask:

• How many wage claims have been filed against [employer name] in the last three years?
• What action has the Wage Authority taken on Complaint No. [your complaint number] filed on [date]?
• Please provide copies of all inspection reports relating to [employer name and address] since 2022.
• Has a penalty been imposed on [employer] under the Code on Wages 2019? If so, what is the status of recovery?
• What is the total number of wage claims pending before this authority for more than 3 months?

→ Use our free AI RTI Drafter to generate a complete Section 6(1) application.

• Code on Wages 2019, Act No. 29 of 2019: indiacode.nic.in
• EPF and Miscellaneous Provisions Act 1952: indiacode.nic.in
• EPFO Grievance Portal: epfigms.gov.in
• SHRAM SUVIDHA unified labour portal: shramsuvidha.gov.in
• CPGRAMS: pgportal.gov.in
• Ministry of Labour and Employment, Code on Wages overview: labour.gov.in/code-wages

By Dr. Shrawan Kumar Pathak