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04 Jul, 2025
Non-payment or delayed payment of salary is a violation of employee rights and workplace ethics. Despite legal obligations under Indian labour laws, many employers—especially in startups, private firms, and unorganised sectors—fail to disburse timely wages or full-and-final settlements. To tackle such issues, the Payment of Wages Act, 1936, and the Industrial Disputes Act, 1947, offer employees a formal legal framework to seek redressal. In addition, digital platforms like Online Legal India simplify the grievance process with Online Dispute Resolution (ODR) support. In this blog, you will learn how to file a complaint against employers for salary non-payment.
The persons who can file a complaint against non-payment of salary are as follows:
A permanent employee works full-time with a fixed monthly salary. The employer provides an appointment letter, defines work hours, and offers basic employment benefits. If the employer fails to pay compensation within the scheduled cycle, the employee has the legal right to file a complaint.
A contractual worker signs a fixed-term agreement with the company or an outsourcing agency. The contract mentions salary terms, duties, and duration of work. If the employer or agency does not release the salary as agreed, the worker can raise a complaint under labour laws.
A part-time employee works for fewer hours than a full-time worker but still receives wages based on the agreed schedule. If the employer does not release the payment as per the agreement, the employee can seek legal relief for the unpaid wages.
A probationer works for a trial period before permanent confirmation. A trainee works under a training agreement that includes paid terms. If the employer promises payment in writing or through official email, the individual can file a complaint if the salary is not credited.
An employee who resigns or faces termination remains eligible to receive unpaid salary, incentives, or final settlement. If the employer refuses to clear dues, the employee can file a formal complaint for non-payment under applicable laws.
Workers without formal contracts who work in shops, small businesses, or informal setups fall under this category. If the employer assures payment verbally or through digital records and does not pay, the worker can approach the local labour department for complaint filing.
Listed below are the valid grounds to file a complaint against non-payment of salary:
An employee can file a complaint if the salary is not credited within the regular payment cycle. As per law, wages must be paid by the 7th or 10th of the following month, depending on the organisation's size. Any delay beyond this timeline without a valid reason gives the employee a legal ground to file a complaint.
If an employee resigns or gets terminated and the employer does not release the final payment—including salary, bonus, or leave encashment—the employee can initiate a complaint. The law requires the employer to clear dues within a reasonable period after exit.
If the employer makes unauthorised deductions or cuts a portion of the salary without prior notice or valid reason, the employee can approach the labour authority. Salary deduction without written consent violates payment laws.
If the employer stops paying salary but does not issue a termination letter or official communication, the employee can file a complaint. Silent withholding of wages is a breach of contract and workplace policy.
If repeated follow-ups or written salary requests do not receive any response from the employer, the employee should file a formal complaint. Continued silence or delay from the employer side shows intentional non-payment.
To file a complaint against non-payment of salary, you need to follow the steps listed below:
Step 1: Raise the Issue Through Internal Grievance Channels
An employee must first report the salary issue through the employer's internal system. Most organisations have an HR helpdesk, grievance portal, or email-based complaint route. The employee should mention the unpaid amount, the expected due date, and the period of non-payment. This communication helps the employer understand the concern and gives them a fair chance to resolve it.
Step 2: Send a Written Reminder to HR or Management
If there is no response through the internal system, the employee should send a formal written reminder to the HR manager or reporting authority. The letter or email must include the offer letter copy, payslips (if available), and a clear demand for the release of salary within a specific deadline. This step creates a traceable record for future reference.
Step 3: Approach the Labour Commissioner’s Office
If the employer refuses to pay or ignores the complaint, the employee can approach the Labour Commissioner in the concerned district. The complaint must include employment proof, bank statements, prior communication, and a written application. The labour officer may issue a notice to the employer and conduct an inquiry into the matter.
Step 4: File a Complaint Under the Payment of Wages Act, 1936
Employees earning up to ?24,000 per month can file a complaint under this Act. The labour authority examines the salary records and can order the employer to release the unpaid wages, along with a penalty for delay.
Step 5: Initiate Proceedings Under the Industrial Disputes Act, 1947
Employees earning above the wage limit of Rs. 24,000/- or those who face termination without a full and final settlement can raise a dispute before the Conciliation Officer. If the issue remains unresolved, the case may proceed to the Labour Court or Industrial Tribunal for adjudication.
Step 6: File a Case in the Labour Court
When all other remedies fail, the employee can file a petition in the Labour Court. The complaint must include all supporting documents and a clear claim for unpaid salary, interest, and compensation. The court has the power to direct the employer to settle the dues and impose penalties for non-compliance.
While Labour Courts offer a formal route for salary recovery, the process often involves delays, legal costs, and in-person hearings. In contrast, Online Dispute Resolution (ODR) provides a faster, paperless solution. It enables employees to file complaints, send legal notices, and resolve disputes digitally, without courtroom formalities or prolonged timelines.
The reasons to choose ODR over the labour forum are as follows:
Labour courts take several months to hear a salary dispute. The employee must attend multiple hearings and follow strict procedures. ODR platforms follow a fixed timeline and resolve most cases within a few weeks. This allows the employee to get relief without long waiting periods.
Labour courts require the employee to visit the court, file hard copies, and attend in-person hearings. In ODR, every step happens online. The employee can file a complaint, submit documents, and receive updates from a mobile or computer. This saves time and avoids physical hassle.
Filing a case in a labour court involves court fees, lawyer charges, and travel expenses. In ODR, the platform charges a one-time fee that covers legal drafting, communication, and mediation. This reduces the total cost and avoids unexpected legal expenses.
Labour court petitions need legal language and structured documentation. In ODR, the employee only needs to submit basic details like name, employer name, unpaid salary amount, and evidence. The platform team prepares the legal documents. This helps employees who are not familiar with legal formats.
ODR platforms appoint qualified legal professionals and mediators. These experts understand employment laws and draft strong notices. They guide the employee throughout the process. In labour courts, the employee often needs to hire a private lawyer, which adds cost and effort.
Labour courts deal with many cases, which causes long delays and frequent adjournments. ODR platforms handle one case at a time per expert. The process moves quickly because the system avoids backlogs, staff shortages, and courtroom scheduling issues.
Online Dispute Resolution (ODR) is a digital system that helps resolve legal conflicts without court visits. It turns the traditional dispute settlement process into a fast and paperless model. The system uses secure websites, email, and video conferencing tools to manage complaints. It gives valid legal solutions for civil and commercial matters like contract disputes, unpaid dues, or service failures. The process remains simple, private, and cost-effective. ODR works through three legally accepted methods. They are as follows:
Mediation allows both parties to discuss their issue in front of a neutral person known as a mediator. The mediator does not make a final decision. Instead, the mediator helps both sides understand each other and reach a fair outcome. The solution only works when both parties agree. Mediation does not follow strict legal rules. It focuses on mutual understanding, saves time, and avoids tension. The entire discussion remains confidential and informal.
Arbitration involves a legal expert called an arbitrator who listens to both parties and then gives a final decision. This decision is called an arbitral award. The award has the same legal force as a civil court judgment. Arbitration suits cases that involve salary disputes, breach of contract, service failure, or refund refusal. The arbitrator may be a former judge or a legal expert. The process follows the rules of the Arbitration and Conciliation Act, 1996. It ensures speed, structure, and legal validity.
As per official data, over 3.6 million cases have been resolved through ODR platforms. So, you can go for it.
Online Dispute Resolution (ODR) holds full legal recognition in India. The Arbitration and Conciliation Act, 1996, gives arbitral awards issued through ODR the same authority as civil court judgments. The Information Technology Act, 2000, validates electronic communication and digital records. The Consumer Protection Act, 2019, promotes the use of technology in dispute settlement, and the Mediation Act, 2023, officially recognises online mediation. Institutions like NITI Aayog, IRDAI, and the Supreme Court of India endorse ODR as a credible and efficient alternative. These laws together establish ODR as a legally accepted mechanism for resolving civil and commercial disputes.
If the labour court fails to provide a solution to your case, you can file an ODR with an ODR platform like Online Legal India. The step-by-step process to file a complaint against salary non-payment through a recognised ODR platform is explained below:
Step 1: Gather All Relevant Employment Records
Begin by collecting essential documents that prove your employment and the salary dispute. This includes your appointment letter, payslips, bank statements showing salary credits, resignation letter (if applicable), communication with HR or your reporting manager, and any internal grievance raised. These documents must be clear and time-stamped. Strong documentation ensures the complaint proceeds smoothly without objections or clarification delays.
Step 2: Submit Your Complaint on a Verified ODR Platform
Once your documents are ready, visit a verified ODR platform such as Online Legal India. Fill in your details, employer's name, designation, unpaid salary amount, and the relevant dates. Upload all supporting documents and double-check every detail before submitting. Incomplete or incorrect entries may result in delays. Once submitted, the platform assigns a neutral legal expert to review your case and initiate communication.
Step 3: Start the Mediation Process
After acceptance, a certified mediator reaches out to both you and the employer using digital tools such as video calls, email, or secure chat. The mediator reviews your complaint, considers both versions and facilitates a neutral discussion to help reach a mutual resolution. Mediation avoids conflict, maintains confidentiality, and promotes voluntary settlement in a structured manner.
Step 4: Move to Arbitration if Mediation Fails
If the employer disagrees or the mediation fails, the complaint moves to arbitration—provided both parties agree to it or the employment terms include an arbitration clause. Arbitration remains fully legal under the Arbitration and Conciliation Act, 1996. Ensure your documents, replies, and responses are legally valid and within the limitation period.
Step 5: Attend the Arbitration Hearing Online
In the arbitration stage, a qualified arbitrator examines the salary dispute through a virtual session. You must present your evidence clearly and respond to any questions or objections raised by the employer. The arbitrator conducts the session impartially and gives both sides equal opportunity to explain their position.
Step 6: Receive the Final Arbitral Award
After reviewing all facts, the arbitrator issues a written order called an arbitral award. This decision is final, legally enforceable, and carries the same weight as a civil court decree. If the ruling favours you, the employer must comply with the order—whether that involves full salary payment, interest, or compensation—within the legally specified timeframe.
Conclusion
To sum up, non-payment of salary is not just a financial lapse—it is a breach of lawful employment rights. Indian labour laws offer employees multiple forums for redressal, but formal systems often lead to long wait times and procedural delays. Online Dispute Resolution (ODR) bridges this gap with speed, legality, and accessibility. It delivers structured remedies through expert-led mediation and arbitration—entirely online.
For reliable legal support, swift notice drafting, and end-to-end ODR assistance, Online Legal India stands out as a trusted digital platform. Their legal experts ensure your salary dispute reaches a timely and enforceable resolution, without courtroom stress.
31 Dec, 2021
Sir me dabur company me work karta tha third party parole, abhi do mahine se mujhe salary nahi di he, jyoti kumari kar ke medam he unse baat ki to ulte jawab dete he, jab aaj subaah call kiya to call utha nahi rahe the wo, dusre number se karta hu to utha le te he fir cut kar dete he, jab mene bola ke mem aap mera call ni utha rahe to bolte he baar baar call mat karo block kar dungi, mene bola mem meri salary nahi aayi he mujhe jarurat he, to wo bolte he nahi milegi salary to mene bola mujhe police me complain karni padegi to medam bolte he jo karna he kar lo salary nahi mil, or mera number block kar diya, Jyoti Kumari: 9999825980 ye medam ka number he, rajasthan ki company he
01 Jan, 2022
Thank you Mubassir for reaching out to us. We have received your complaint request and will get back to you shortly to discuss and resolve your issue by filing a Consumer Complaint against Salary Non-Payment.
27 Oct, 2021
SIR I AM FROM DELHI MY EMPLOYER IS NOT INTERESTED TO PAY OUR EIGHT MONTHS PENDING ALL STAFF SALARY. WE ARE 08 PERSONS. I AM WORKING IN THE COMPANY FROM LAST 3 YEARS AND THEY NEVER GIVE ME ANY INCREMENT AND BONUS TILL DATE. PLEASE ADVICE US HOW WE GET OUR PENDING SALARY.
29 Oct, 2021
Hello Dhiraj, thank you for reaching out to us. We will get back to you soon to discuss and resolve your issue.
25 Sep, 2021
Respectfully Sir my name is Robin Singh . From-tehri garhwal,uttarakhand Job location-dehradun,rajpur old massourie road. restaurant name - wild West cafe, resturant Harassment recording Sir i did job in wild west cafe where i worked 16 days in service but sir i wanted to leave from there but the owner there resign Dena chahat tha but malik did not accept my resign letter.My joining date is 19/08/2021 but I left from 3-09-2021. Uske baad malik ne mujhe bola ki 15-09-2021 ko aana phir us din mna kiya phir 20-09-2021,phir 22-09-2021 ke liye bola lekin abhi tak sellery nhi di uske bad maine apne bhai ko bola.abhi tak sellery nhi di uske bad mna kar di ki nhi dunga sellery apne bhai se magna . sir ap se request please take action. Dhnyawad Sir ???????????????? Location Dehradun Rajpur,old massourie road Restaurant name -wild west cafe, Dehradun Harrasment issue
27 Sep, 2021
Hello Robin, thank you for getting in touch with us. Our Legal Experts will get back to you soon to discuss and resolve your issue at the earliest.
24 Mar, 2022
Sanjay 23 March 2022 sir l was employed by Red scorpion security services in Noida on month of February 2022 and was send to Noida sector 116 as a Night shift security guard from 9th February 2022 by my supervisor Mr sunil mob no 987176356 they are not giving my salary of February month because on 4th of March there was my sleeping after that neither l am getting duty neither they are giving my February month salary please help me to get my salary l will be very much thankful to you n
21 Dec, 2021
I am Zonal Manager with One IT Company and they never pay a Single amount to me and my Team Members more than 15 People . They taken the amount for customer but failed to complete their work . How the company can be pressurized to pay out all our dues and what will be your charges for this . Payment is due for last Five months Giving daily promising but failed to do so . Need help and how many days the process will be resolved. Now they have blocked the Server also and not able to download old communication please.
22 Dec, 2021
Thank you Neeraj for contacting us. We have received your complaint request and will get back to you soon to discuss and resolve your issue by filing a Consumer complaint against Salary Non-Payment.
20 Oct, 2021
Dear sir/madam I'm working in a company in pune since June 26 2021. I've got only one month salary till now. Now Company owner don't allow me inside company premise neither he's clearing my dues. My 2 months and 18 days salary is pending. He also blocked me on every communication medium. I have to send legal notice to him.
20 Oct, 2021
Hi Ashish, Team Online Legal India will connect with you soon to discuss and resolve your issue by filing a Consumer Complaint against Salary Non-Payment.
17 Mar, 2022
Respected sir, I hereby want to inform you that I am a Operator in Indian Bank, North lakhimpur branch, Assam and I haven't received any salary till now from joining date 24-sep-2021.Now bank got a mail that some branches will be closed from 20-03-2022 along with North lakhimpur branch. We asked our vendor sir (Sanidul Islam) about our salary and he says that VEE TECHNOLOGY company didn't sent salary from 6month. I request you to look into this matter and provide our salary as soon as possible and take strict action again our vendor sir. Thank you
15 Dec, 2021
15 December 2021 Sir, I'm from Bhubaneswar Odisha. I recently did freelance work for a company called 'CYBERYOGI'.They agreed to payment of rupees 19,000, but after delivering the video, the CEO of the company PVS Murthy liked it, but the manager Mr.Vishwa Prem said that it is not up to the mark and they didn't pay me and now they have blocked me after taking the video and required assets from me. Please advise me on how do I stop them from exploiting students like this? Thank you.
16 Dec, 2021
Thank you Shruti for reaching out to us. We have highlighted your issue and will get back to you soon to discuss and resolve your issue by filing a Consumer Complaint against Salary Non-Payment.
11 Mar, 2022
My name arjun Singh, and i was work in Techcomp India private limited, so this company not clear my 4 months salary I call to company director for giving salary so his telling me I m not clear your dues. How clear my panding salary?
09 Feb, 2022
Hi mei ek company mei job krra tha toh wha cibre crime walo ki raid pdi or jo company k director ko police le gyi pr 1-2 din mei hi wo jail se wapas aagye lekin ab 1 saal ho gya hai us baat ko lekin abi tk meri salary nhi aayi hai or unhone mera no bi block kr diya hai toh kya mei unke against complain kr skta hu?
09 Feb, 2022
Thank you Saurabh for reaching out to us. We will get back to you soon.