What to do first
If your salary has not arrived, first identify exactly which pay period is affected and what amount you expected. Save the appointment letter or other terms, payslips, attendance or work records, and bank statements showing earlier and missing salary credits. Ask payroll or HR in writing for an itemised calculation and the payment date.
If the employer does not respond or disputes the amount, you can ask the appropriate labour department or a qualified employment lawyer which wage-claim or other process applies to your workplace. Take the same records and your own calculation. A complaint is not a guarantee of payment, and the right authority depends on the employer and the governing law.
Check the date and the type of payment
Start with the wage period, not only the day on which a payment usually appears in your bank account. Section 16 of the Code on Wages, 2019 addresses wage periods. Section 17(1)(iv) states that, for monthly wages, payment is due before expiry of the seventh day of the succeeding month. The same section provides different timing for daily, weekly and fortnightly wage periods.
That rule must be read with the Code's coverage provisions, applicable rules and notifications. Section 17(3) permits the appropriate government to provide another time limit in specified circumstances, and section 17(4) preserves time limits under other applicable laws. Section 25 contains a government-establishment exception to the wage-payment chapter, with a notification mechanism. Check the current law and facts before concluding that a particular payment is late.
The Code's wage-payment provisions came into force on 21 November 2025 under the Central Government's Gazette commencement notification. For a claim about an earlier period, do not assume the same provisions apply retrospectively: ask an adviser to check the law then in force and the repeal, savings and transition provisions.
Salary, reimbursement, commission, statutory bonus and an unpaid business invoice may have different legal treatment. The Code's definition of wages and its exclusions need to be applied to the actual pay structure. Ask the employer for a component-by-component explanation rather than assuming every payment described as “salary” has the same deadline.
Make a payment record
Create a simple table. Keep estimates separate from amounts confirmed by a payslip, agreement or employer statement.
| Pay period | Expected amount and source | Amount received | Difference | Record to check |
|---|---|---|---|---|
| Month 1 | Contract and payslip | Bank credit or no credit | Difference to reconcile | Payslip, attendance and bank entry |
| Month 2 | Contract and any revised terms | Bank credit or no credit | Difference to reconcile | Revised terms and payroll communication |
| Allowances or variable pay | Relevant written terms | Actual credit | Amount disputed or unconfirmed | Plan terms and approval records |
If you do not have an appointment letter or payslip, keep whatever legitimately available records show the work and pay arrangement: messages confirming the role or rate, prior bank credits, schedules and correspondence. Do not create a document that appears to be an original employment record, and do not take company confidential material that you are not entitled to retain.
Ask payroll for an explanation in writing
Use a short, factual email or letter. Identify the employer, period and amount you believe remains unpaid, and ask for the calculation, payment date and explanation of deductions. Attach or identify documents only as appropriate; bank statements and employment records may contain personal information.
Subject: Request for wage calculation and payment update
Hello [name],
My wages for [pay period] appear to remain unpaid or incomplete. My records show [amount expected] under [the relevant document], and [amount received] on [date, if any]. Please confirm the gross calculation, each deduction, the net amount and the expected payment date. If your calculation differs, please explain the basis and share the relevant statement.
Thank you,
[name]
This is a request for information, not a statutory notice template. Keep a dated copy and the response. If the employer raises a notice-period, advance, asset-return or other deduction, ask for the precise calculation and basis. A disputed debt and an authorised deduction from wages are not automatically the same question: section 18 of the Code restricts deductions where the chapter applies and sets out categories and conditions.
Find the right route if the delay continues
The Ministry's SAMADHAN 1.0 FAQ lists delayed-payment and unauthorised-deduction claims under the Payment of Wages Act, 1936. It says fresh registration and filing on that older portal have been discontinued and directs Labour Code cases to SAMADHAN. Before submitting, check the Ministry's current official FAQ and portal instructions, then confirm with the competent labour office whether your worker category and claim are accepted there and which authority and process apply. A portal link or label alone does not establish eligibility or confirm that a filing route is current.
For a state example, the Delhi Labour Department's contact page describes assistance for complaints including non-payment of wages. Use it for Delhi-specific contact information; it does not establish that Delhi handles a workplace elsewhere. Confirm the current contact route with the competent labour department, taking account of the employer's identity, establishment location and applicable central or state jurisdiction. A labour office, union representative or qualified lawyer can help identify the correct route.
Where the Central Government is the appropriate government and its rules apply, rule 49 of the Code on Wages (Central) Rules, 2026 describes a single Form II application under section 45(5) on behalf of employees in the same establishment whose claims relate to the same wage period or an incident of discrimination, before the authority notified by the Central Government. This does not establish the procedure for every individual claim, workplace or state. Confirm the appropriate government, notified authority, current applicable rules and accepted filing method before submitting any claim.
For a claim under the Code, section 45(6) says an application may be filed within three years from when the claim arises; the authority may entertain a later application if the applicant shows sufficient cause for the delay. The authority and any applicable rules or transition provisions still need to be identified, especially for a claim relating to a period before the Code took effect. Do not assume a demand email extends a legal deadline. Before submitting anything, confirm the required documents, filing mode, service requirements and deadline for the specific claim. If you receive an official notice or court document with a date, seek advice promptly. Code on Wages, section 45.
If you are considering resignation
Unpaid salary and a proposed resignation are connected practically but may raise different legal questions. Preserve evidence of the unpaid period and check the notice and separation terms before acting. Do not assume the employer's non-payment automatically removes a notice obligation or makes a notice-pay demand valid.
For the separate issue of wages after leaving, see Gotham's existing unpaid wages after resignation guide. It distinguishes wages from other items sometimes grouped under “full and final settlement.” The relieving-letter records guide addresses a different employment-document issue.
Questions about delayed salary while employed in India
By when should monthly wages be paid in India?
Section 17(1)(iv) of the Code on Wages says monthly wages are due before the expiry of the seventh day of the succeeding month. Check coverage, any applicable government notification, other-law time limits and the period when the wages became due.
Does the Code on Wages apply to salary from before 21 November 2025?
The relevant wage-payment provisions were brought into force on 21 November 2025. Do not assume they apply retrospectively; ask an adviser to review the earlier law and transition or savings provisions.
Where can I complain about delayed salary?
The appropriate government and notified authority depend on the employer and establishment. Verify the current filing route with the competent labour office before using a portal or form.
How long do I have to file a wage claim under section 45?
Section 45(6) provides a three-year filing period from when the claim arises and allows the authority to entertain a later filing for sufficient cause. Confirm the applicable law, date and authority for your claim.
Related guides
For a different wage-payment situation, see Gotham’s guide to wages after resignation and guide to an employer conditioning exit wages on an NDA. For a wider evidence workflow, see the employment and labour due diligence guide. Gotham’s employment record workflows and contact page provide additional context.
Official sources
- Code on Wages, 2019, including sections 16–18, 25 and 45.
- Commencement notification dated 21 November 2025.
- Code on Wages (Central) Rules, 2026, rule 49.
- SAMADHAN portal and Ministry FAQ for the older SAMADHAN 1.0 portal.
Questions about delayed salary while employed in India
By when should monthly wages be paid in India?
Section 17(1)(iv) of the Code on Wages says monthly wages are due before the expiry of the seventh day of the succeeding month. Check coverage, any applicable government notification, other-law time limits and the period when the wages became due.
Does the Code on Wages apply to salary from before 21 November 2025?
The relevant wage-payment provisions were brought into force on 21 November 2025. Do not assume they apply retrospectively; ask an adviser to review the earlier law and transition or savings provisions.
Where can I complain about delayed salary?
The appropriate government and notified authority depend on the employer and establishment. Verify the current filing route with the competent labour office before using a portal or form.
How long do I have to file a wage claim under section 45?
Section 45(6) provides a three-year filing period from when the claim arises and allows the authority to entertain a later filing for sufficient cause. Confirm the applicable law, date and authority for your claim.
General information, not legal advice. Wage coverage, timing, applicable rules, government and forum depend on the employer, establishment, worker status, pay components and dates. Seek advice from a qualified Indian employment lawyer or competent labour office.
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