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 get timely wages or full-and-final settlements. These are the valid reasons to file a complaint against salary non-payment. By following the right steps, you can easily handle such issues and seek redressal.   In this blog, you will learn how to file a complaint against employers for salary non-payment.

Who Can File a Complaint Against Non-Payment of Salary?

The persons who can file a complaint against non-payment of salary are as follows:

• Permanent Employees

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.

• Contractual Workers

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.

• Part-Time Employees

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.

• Probationers and Trainees

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.

• Resigned or Terminated Employees

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 in the Unorganised Sector

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.

Grounds to File a Complaint

Listed below are the valid grounds to file a complaint against non-payment of salary:

• Salary Is Not Paid on the Due Date

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.

• Employer Fails to Clear Final Settlement

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.

• Salary Is Deducted Without Justification

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.

• Employer Stops Paying Without Termination Notice

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.

• Employer Does Not Respond to Salary Requests

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.

How to File a Complaint Against Non-Payment of Salary?

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.

What is Online Dispute Resolution?

Online Dispute Resolution is an entirely digital system for resolving disputes, utilising technology-driven platforms to facilitate every stage from the initial filing and evidence submission to virtual hearings, negotiations, and final decisions. It incorporates traditional dispute resolution methods such as negotiation, mediation, and arbitration, all conducted online via tools like video conferencing, chat, and secure document sharing. This comprehensive online workflow enables parties to engage in dispute resolution without needing to meet in person, making the process more convenient and accessible while maintaining the structured framework of Alternative Dispute Resolution methods.

Why Choose Online Dispute Resolution?

Consumers prefer ODR for several reasons:

• Cost-effective & Time-efficient

Online Dispute Resolution (ODR) significantly cuts down on expenses related to travel, legal representation, and court fees. Since the entire process takes place digitally, parties can save both time and money that would otherwise be spent attending physical hearings or waiting through lengthy legal procedures. Most disputes are resolved in a matter of days or weeks instead of the months—or even years—it often takes in traditional courts.

• Accessible & Convenient

ODR platforms are designed to be user-friendly and available around the clock, allowing participants to engage in the process from anywhere in the world. This makes it especially beneficial for cross-border or interstate disputes where physical presence can be challenging. Whether you’re a consumer or a business, you can submit evidence, communicate with the other party, and attend virtual hearings—all from the comfort of your home or office.

• Privacy & Security

Unlike traditional court proceedings that are often public, ODR ensures a higher degree of confidentiality. Sensitive documents, communications, and decisions are securely handled through encrypted digital platforms. This protects the privacy of both parties and provides a safe, confidential environment for resolving disputes without public exposure.

How to File a Complaint through ODR?

Filing a complaint through Online Dispute Resolution (ODR) is simple and follows a structured process. Here’s a step-by-step guide:

Step 1: Collect All Relevant Evidence

Before initiating your complaint, gather all documents and proofs that support your claim. These may include:

• Receipts or invoices
• Emails, chat transcripts, or messages with the company
• Photographs of defective products or damages
• Payment proofs or bank statements

Having organized and clear evidence strengthens your case and speeds up the resolution process.

Step 2: Submit Your Dispute Through an ODR Platform

You can file your complaint either through an official Government ODR Portal or a private ODR platform, such as Online Legal India. Provide all necessary details, attach supporting documents, and describe your issue clearly. The platform will appoint a neutral mediator. The mediator will send the mediation notice to the other party.

Step 3: Participate in Mediation Proceedings

During the mediation, the mediator facilitates discussions between you and the other party via email, chat, or video call. Both parties present their viewpoints and approach for a resolution.

After the mediation process, the mediator will provide a mediation report summarizing the discussions and recommendations. Based on this report, a settlement is determined. Possible outcomes may include:

• Refund of charges
• Compensation for damages
• Official apologies or service corrections
• Settlement of Disputes

Step 4: Arbitration

If there is any existing arbitration clause in the contract regarding a salary non-Payment, then the case will be handled through an arbitrator. During the arbitration process, a neutral arbitrator (or a panel of arbitrators) reviews all the information regarding the dispute. Then, they may conduct online hearings or written submissions and hears both sides. Once an arbitrator reviews all the information regarding the disputes and makes a binding decision, which is known as an arbitral award. This award is officially regulated under the Arbitration and Conciliation Act, 1996. Both parties must agree and follow the final decision. If any party refuses to follow the arbitral award, the other party can approach the appropriate court. The court can then enforce the decision under the Arbitration and Conciliation Act, 1996.

Conclusion

Filing a complaint against salary non-payment is more than recovering dues. It’s also about demanding fair treatment and ensuring your workplace respects your rights as an employee. When employers delay or deny rightful payments, taking action through the proper channels helps protect your rights and ensures accountability. By understanding the correct complaint process, you can confidently address workplace injustice and secure a timely resolution. By following the right steps and staying informed, every employee can work in a fair, transparent and responsible environment where their efforts are truly valued. If you want any assistance in filing complaints, contact Online Legal India.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Online Legal India is a digital platform. If you require legal assistance, we strongly recommend consulting a qualified lawyer or law firm.

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 get timely wages or full-and-final settlements. These are the valid reasons to file a complaint against salary non-payment. By following the right steps, you can easily handle such issues and seek redressal.   In this blog, you will learn how to file a complaint against employers for salary non-payment.

Who Can File a Complaint Against Non-Payment of Salary?

The persons who can file a complaint against non-payment of salary are as follows:

• Permanent Employees

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.

• Contractual Workers

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.

• Part-Time Employees

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.

• Probationers and Trainees

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.

• Resigned or Terminated Employees

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 in the Unorganised Sector

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.

Grounds to File a Complaint

Listed below are the valid grounds to file a complaint against non-payment of salary:

• Salary Is Not Paid on the Due Date

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.

• Employer Fails to Clear Final Settlement

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.

• Salary Is Deducted Without Justification

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.

• Employer Stops Paying Without Termination Notice

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.

• Employer Does Not Respond to Salary Requests

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.

How to File a Complaint Against Non-Payment of Salary?

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.

What is Online Dispute Resolution?

Online Dispute Resolution is an entirely digital system for resolving disputes, utilising technology-driven platforms to facilitate every stage from the initial filing and evidence submission to virtual hearings, negotiations, and final decisions. It incorporates traditional dispute resolution methods such as negotiation, mediation, and arbitration, all conducted online via tools like video conferencing, chat, and secure document sharing. This comprehensive online workflow enables parties to engage in dispute resolution without needing to meet in person, making the process more convenient and accessible while maintaining the structured framework of Alternative Dispute Resolution methods.

Why Choose Online Dispute Resolution?

Consumers prefer ODR for several reasons:

• Cost-effective & Time-efficient

Online Dispute Resolution (ODR) significantly cuts down on expenses related to travel, legal representation, and court fees. Since the entire process takes place digitally, parties can save both time and money that would otherwise be spent attending physical hearings or waiting through lengthy legal procedures. Most disputes are resolved in a matter of days or weeks instead of the months—or even years—it often takes in traditional courts.

• Accessible & Convenient

ODR platforms are designed to be user-friendly and available around the clock, allowing participants to engage in the process from anywhere in the world. This makes it especially beneficial for cross-border or interstate disputes where physical presence can be challenging. Whether you’re a consumer or a business, you can submit evidence, communicate with the other party, and attend virtual hearings—all from the comfort of your home or office.

• Privacy & Security

Unlike traditional court proceedings that are often public, ODR ensures a higher degree of confidentiality. Sensitive documents, communications, and decisions are securely handled through encrypted digital platforms. This protects the privacy of both parties and provides a safe, confidential environment for resolving disputes without public exposure.

How to File a Complaint through ODR?

Filing a complaint through Online Dispute Resolution (ODR) is simple and follows a structured process. Here’s a step-by-step guide:

Step 1: Collect All Relevant Evidence

Before initiating your complaint, gather all documents and proofs that support your claim. These may include:

• Receipts or invoices
• Emails, chat transcripts, or messages with the company
• Photographs of defective products or damages
• Payment proofs or bank statements

Having organized and clear evidence strengthens your case and speeds up the resolution process.

Step 2: Submit Your Dispute Through an ODR Platform

You can file your complaint either through an official Government ODR Portal or a private ODR platform, such as Online Legal India. Provide all necessary details, attach supporting documents, and describe your issue clearly. The platform will appoint a neutral mediator. The mediator will send the mediation notice to the other party.

Step 3: Participate in Mediation Proceedings

During the mediation, the mediator facilitates discussions between you and the other party via email, chat, or video call. Both parties present their viewpoints and approach for a resolution.

After the mediation process, the mediator will provide a mediation report summarizing the discussions and recommendations. Based on this report, a settlement is determined. Possible outcomes may include:

• Refund of charges
• Compensation for damages
• Official apologies or service corrections
• Settlement of Disputes

Step 4: Arbitration

If there is any existing arbitration clause in the contract regarding a salary non-Payment, then the case will be handled through an arbitrator. During the arbitration process, a neutral arbitrator (or a panel of arbitrators) reviews all the information regarding the dispute. Then, they may conduct online hearings or written submissions and hears both sides. Once an arbitrator reviews all the information regarding the disputes and makes a binding decision, which is known as an arbitral award. This award is officially regulated under the Arbitration and Conciliation Act, 1996. Both parties must agree and follow the final decision. If any party refuses to follow the arbitral award, the other party can approach the appropriate court. The court can then enforce the decision under the Arbitration and Conciliation Act, 1996.

Conclusion

Filing a complaint against salary non-payment is more than recovering dues. It’s also about demanding fair treatment and ensuring your workplace respects your rights as an employee. When employers delay or deny rightful payments, taking action through the proper channels helps protect your rights and ensures accountability. By understanding the correct complaint process, you can confidently address workplace injustice and secure a timely resolution. By following the right steps and staying informed, every employee can work in a fair, transparent and responsible environment where their efforts are truly valued. If you want any assistance in filing complaints, contact Online Legal India.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Online Legal India is a digital platform. If you require legal assistance, we strongly recommend consulting a qualified lawyer or law firm.