My Salary Is Delayed. What Can I Legally Do?
A delayed salary isn't just an inconvenience. In India, it's a legal violation, and employees have more standing than most realise.
Under the Payment of Wages Act, wages must be paid by the 7th of the following month for establishments with fewer than 1,000 workers, and by the 10th for larger ones. The new Code on Wages carries this forward. There is no clause that permits an employer to hold salary because a client hasn't paid or funding is delayed.
Start internally. Send a written request to HR or payroll email, not WhatsApp asking for the payment date in writing. A paper trail matters far more than a conversation later.If nothing moves, you can file a complaint with the Labour Commissioner in your jurisdiction. Claims can be filed for delayed or withheld wages, and authorities can order payment plus compensation. Employees can also approach the labour court, and unpaid dues above the threshold may support insolvency proceedings against the company.
Two practical points: keep copies of your offer letter, payslips and bank statements, and don't resign in frustration before securing your dues, as it complicates recovery.
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