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FnF Demand Letter — Salary Not Paid?
Here Is How to Recover It
If your salary is not paid — whether you are still employed, have resigned, or were terminated — you need an FnF demand letter that states what is owed, cites the current law, and sets a deadline. Unpaid wages are not a grey area: under the Code on Wages, 2019, your employer has a statutory deadline to pay you, and a free, fast complaint route if they miss it. This guide walks through exactly what to do, gives you a ready template, and explains when to escalate.
Key numbers
Law update: The Payment of Wages Act, 1936 was repealed and replaced by the Code on Wages, 2019, in force nationwide since 21 November 2025, with Central Rules notified on 8 May 2026. Some older guides online (and on this site) still cite the 1936 Act — this page reflects the current framework.
Salary not credited again this month, or FnF stuck since you left? Jump straight to the demand letter template or the complaint filing steps.
What Should You Do If Salary Is Not Paid?
Whether you are still working there or have already left, the same four-step pattern applies. Skipping straight to a legal notice usually backfires — build the record first.
Confirm the amount and the deadline
Check your payslip, contract, and the wage-period deadline (see the table below) that applies to you.
Raise it in writing, calmly, first
A short email to HR and your manager — many delays are genuine payroll errors, not bad faith.
Send a formal demand letter if ignored
Use the template further down. State the amount, cite the law, and give 15 days.
File a free claim with the Labour Authority
If the deadline passes with no payment, escalate under Section 45 of the Code on Wages, 2019.
Can an Employer Legally Withhold Salary?
No — not as a blanket measure. Wages for work you have actually performed are a statutory entitlement, not a discretionary payment. Under Section 18 of the Code on Wages, 2019, an employer may make only specific, authorised deductions — they cannot withhold your entire salary as a disciplinary tool, a pressure tactic, or because internal approvals are pending.
Deductions the law actually permits
- ✓Fines for specified acts or omissions, capped and only after due process
- ✓Absence from duty (proportionate to the period absent)
- ✓Damage to or loss of goods entrusted to the employee, where directly attributable to their neglect
- ✓Accommodation, amenities, or services provided by the employer, up to their value
- ✓Recovery of advances or loans given by the employer, including interest
- ✓Statutory contributions — Provident Fund, ESI, income tax, and similar deductions
- ✓Deductions ordered by a competent court or other authority
- ✓Subscriptions to, and repayment of advances from, a recognised provident fund or cooperative society
Even where a deduction is valid, Section 18(3) caps the total deductions in any single wage period at 50% of your wages — down from the higher caps allowed for certain deductions under the old Payment of Wages Act. Anything beyond authorised deductions — an indefinite "hold" on your entire salary — has no legal basis.
Salary vs Full and Final Settlement
These terms get used interchangeably, but the deadlines and components differ slightly.
Salary
The periodic wage owed for work actually done in a given wage period. Due on the standard wage-period deadline, whether you are still employed or have already left.
Full and Final Settlement (FnF)
The complete set of dues calculated when employment ends — your final salary plus gratuity, leave encashment, pending incentives, and reimbursements, less any lawful deductions. Due within 2 working days of separation under Section 17 of the Code on Wages, 2019.
If you have already left the company and want the complete FnF breakdown — gratuity, leave encashment, and all — see our Full and Final Settlement Letter Generator. This page focuses specifically on the unpaid-salary component, which is the most common trigger for an FnF dispute either way.
When Should You Send a Demand Letter?
First, know your actual deadline. Then give a short, fair window before formally escalating.
| Wage Period / Situation | Statutory Payment Deadline |
|---|---|
| Daily wage period | At the end of the shift |
| Weekly wage period | On the last working day of the week |
| Fortnightly wage period | Before the end of the 2nd day after the fortnight ends |
| Monthly wage period | Before the expiry of the 7th day of the following month |
| On separation — resignation, termination, retrenchment, or dismissal | Within 2 working days of the date of separation |
Send a polite written reminder once the standard wage-period deadline (see table above) has passed. Give it 7–10 days before escalating in writing again.
This is the statutory deadline for your full settlement under Section 17. Most employers will not make it in practice — but this is the benchmark you are entitled to.
Send a firm written follow-up referencing your last working day and the amount outstanding. Reasonable internal processing can take a couple of weeks even at compliant companies.
If still unpaid, this is the window to send your formal demand letter, with a 15-day deadline and an explicit escalation clause.
A delay beyond this has no reasonable defence. File your claim before the Authority under Section 45 of the Code on Wages, 2019.
Documents You Need Before Sending
A demand letter backed by paperwork is far harder to ignore — and is exactly what the Authority will ask for if you need to escalate.
| Document | Why You Need It |
|---|---|
| Appointment letter / employment contract | Establishes your agreed salary, wage period, and notice-period terms. |
| Payslips for the last 3–6 months | Needed to calculate the exact pending amount and verify your usual salary structure. |
| Bank statements showing salary credits | Proves the pattern of payment and the date salary stopped being credited. |
| Resignation / termination communication | Confirms your last working day, which fixes the 2-working-day deadline under Section 17. |
| Attendance or work logs for the unpaid period | Evidence that you actually worked the days you are claiming wages for. |
| Any written acknowledgment of dues from HR | An email or message where the employer accepts the amount owed strengthens your claim considerably. |
How to Draft an Unpaid Salary Demand Letter
Six things separate a demand letter that gets a response from one that gets ignored.
State the exact amount
Vague demands are easy to ignore. Calculate the precise pending amount and break it down by component.
Cite the Code on Wages, 2019
Naming Section 17 (timely payment) and Section 45 (claims) signals you know the current law, not outdated rules.
Set a firm, short deadline
15 days is standard. Anything longer dilutes the urgency; anything shorter looks unreasonable to an Authority reviewing your complaint later.
Send it two ways
Email for speed, registered post for a tamper-proof paper trail. Both, not either.
Attach evidence, do not just assert
Payslips and bank statements turn "you owe me money" into a claim that is hard to dispute.
Name the next step
State plainly that non-payment within the deadline will lead to a complaint before the Authority. This is not a threat — it is accurate.
Editable Demand Letter Template
Copy this, fill in the bracketed fields, and send it by email and registered post.
Date: [DATE] To, The HR Manager / [HR HEAD NAME] [COMPANY NAME] [COMPANY ADDRESS] Subject: Demand for Payment of Unpaid Salary Dear Sir/Madam, I, [YOUR FULL NAME], Employee ID [EMPLOYEE ID], am writing regarding unpaid salary owed to me for [PERIOD — e.g., "March 2026" or "my last working day, 30 April 2026"]. [IF STILL EMPLOYED:] I have not received my salary for the above period, which was due on [DUE DATE] as per the standard wage-period deadline under Section 17 of the Code on Wages, 2019. As of the date of this letter, [NUMBER] days have passed since that deadline. [IF RESIGNED / TERMINATED:] My last working day was [LAST WORKING DAY]. Under Section 17 of the Code on Wages, 2019, my full and final settlement — including pending salary — was due within 2 working days of separation. As of the date of this letter, [NUMBER] days have passed since my last working day, with no payment or communication received. The amount outstanding is approximately ₹[AMOUNT], comprising: - Pending salary for [PERIOD]: ₹[AMOUNT] - [ANY OTHER COMPONENT, if applicable]: ₹[AMOUNT] I have attached my payslips and bank statements confirming this amount and the pattern of my regular salary credits. I request you to release the full amount owed within 15 days of the date of this letter, along with a written breakdown of the payment. If I do not receive payment within 15 days from the date of this letter, I will be left with no option but to file a claim before the Authority appointed under Section 45 of the Code on Wages, 2019 (commonly handled through the [STATE] Labour Commissioner's office), where I will also seek compensation under Section 45(2), without further notice. I trust this will not be necessary and look forward to a prompt resolution. Regards, [YOUR FULL NAME] [YOUR CONTACT NUMBER] [YOUR EMAIL ADDRESS] [YOUR CURRENT ADDRESS] Enclosures: Payslips, bank statements, employment contract, resignation/ termination communication (if applicable)
Prefer a state-specific, auto-filled, downloadable version? Use the generator below.
Sample Filled Example
Here is the resigned-employee version of the template, filled in for a fictional case.
Date: 24 June 2026 To, The HR Manager Veltrix Manufacturing Pvt. Ltd. Peenya Industrial Area, Bengaluru, Karnataka Subject: Demand for Payment of Unpaid Salary Dear Sir/Madam, I, Rohit Mehra, Employee ID VMX-1187, am writing regarding unpaid salary owed to me for my last working day, 20 May 2026. My last working day was 20 May 2026. Under Section 17 of the Code on Wages, 2019, my full and final settlement — including pending salary — was due within 2 working days of separation. As of the date of this letter, 35 days have passed since my last working day, with no payment or communication received. The amount outstanding is approximately ₹62,400, comprising: - Pending salary for 1–20 May 2026: ₹47,400 - Unreimbursed travel expenses (approved, March 2026): ₹15,000 I have attached my payslips and bank statements confirming this amount and the pattern of my regular salary credits. I request you to release the full amount owed within 15 days of the date of this letter, along with a written breakdown of the payment. If I do not receive payment within 15 days from the date of this letter, I will be left with no option but to file a claim before the Authority appointed under Section 45 of the Code on Wages, 2019 (commonly handled through the Karnataka Labour Commissioner's office), where I will also seek compensation under Section 45(2), without further notice. I trust this will not be necessary and look forward to a prompt resolution. Regards, Rohit Mehra +91 98XXX XXXXX rohit.mehra.example@email.com Bengaluru, Karnataka Enclosures: Payslips, bank statements, employment contract, resignation acceptance email
India · Code on Wages, 2019 · All States
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Updates as you fill inWhen to Send a Legal Notice
A demand letter and a legal notice are not the same thing, though people use the terms loosely. A demand letter is something you can draft and send yourself. A legal notice is typically drafted or signed off by an advocate, on letterhead, and signals that you are formally preparing for legal proceedings — not just asking nicely one more time.
Send a demand letter when
- This is your first or second written escalation
- The amount is straightforward and undisputed
- You have not yet involved a lawyer
Consider a legal notice when
- A demand letter has already been ignored past its deadline
- The amount is large, or the employer disputes it
- You are preparing to file before the Authority or a court and want a stronger paper trail
For a formally drafted legal notice once your demand letter has been ignored, see our Legal Notice for Unpaid Salary / FnF Settlement generator.
How to File a Labour Complaint
Once your demand letter's 15-day deadline lapses, here is the actual filing process under the Code on Wages, 2019.
Send the demand letter (15-day deadline)
First stepDocuments your claim, cites the law, and creates the evidentiary trail an Authority will expect to see before hearing your complaint.
File a claim before the Authority (Section 45)
FreeFree of cost. In most states this function sits with the Labour Commissioner's office. Submit your demand letter, payslips, and bank statements with Form-II of the claim.
Attend the hearing — burden of proof is on the employer
Burden on employerOnce you have filed a claim for non-payment, the burden shifts to your employer to prove the dues were already paid. The Authority aims to decide within about 3 months.
Appeal, if needed (Section 49)
Appeal routeIf either side disputes the Authority's order, an appeal lies to the appellate authority within the prescribed period.
Recovery as arrears of land revenue
Final enforcementIf the employer still does not pay after the order, the Authority can issue a recovery certificate to the Collector or District Magistrate, who recovers the amount as government dues.
Looking for a ready-made complaint application? A dedicated Labour Commissioner Complaint Letter generator is on our roadmap — for now, the demand letter above doubles as the core evidence you will attach to your claim.
Labour Commissioner vs Labour Court
Most unpaid-salary cases never need to go beyond the Authority (Labour Commissioner's office). Here is how to tell which route fits your case.
| Aspect | Labour Authority (Commissioner) | Labour Court / Tribunal |
|---|---|---|
| Governing law | Code on Wages, 2019 — Section 45 | Industrial Relations Code, 2020 (replaced the Industrial Disputes Act, 1947) |
| Best suited for | Straightforward non-payment, short-payment, or unauthorised deductions | Disputed terminations, larger or contested contractual claims, broader industrial disputes |
| Cost | Free | May involve legal representation costs, though the process itself is also designed to be accessible |
| Speed | Authority aims to decide within roughly 3 months | Generally slower — depends on tribunal caseload and complexity |
| Compensation | Up to 10× the claim amount, at the Authority's discretion | Determined based on the specifics of the dispute and applicable provisions |
Rule of thumb
If the only question is "do I get paid the amount I am owed," start with the Authority — it is free and built exactly for this. Reserve the Labour Court / Industrial Tribunal route for cases tangled up with a disputed dismissal, a larger industrial dispute, or where the Authority's order itself needs to be appealed.
What Happens After Filing?
Once your claim is filed under Section 45, here is the realistic sequence of events.
Notice to the employer
The Authority serves a notice on your employer, specifying a date to appear with relevant documents and, if any, witnesses.
Burden of proof shifts
For a non-payment claim, your employer must prove the dues were already paid — you do not have to disprove their defence from scratch.
If the employer does not show up
The Authority can hear and decide the matter ex-parte, in your favour, based on the evidence you have filed.
Order, compensation, and recovery
If your claim succeeds, the Authority can order the dues plus compensation, and — if still unpaid — recover it as arrears of land revenue.
Keep showing up to scheduled hearings — if you, as the applicant, fail to appear without reasonable cause, the Authority can dismiss your own application.
About This Guide
🔄
Updated June 2026
Reflects the Code on Wages, 2019 (in force from 21 November 2025) and the Code on Wages (Central) Rules, 2026 (notified 8 May 2026), alongside the Industrial Relations Code, 2020 and state Shops & Establishments Acts.
🇮🇳
All States & UTs
Central provisions apply nationwide; state-specific rules and the Labour Authority's exact office may vary, so we flag where to check your state's details.
⚖️
Educational only
This content is for information and education and does not constitute legal advice. For disputed terminations or large, contested claims, consult a qualified employment lawyer.
Frequently Asked Questions
Can my employer withhold my salary if I resign without notice?▾
How many days does an employer have to pay my full and final salary after resignation?▾
What is the difference between the Labour Commissioner and the Labour Court for an unpaid salary complaint?▾
Is there a time limit for filing an unpaid salary complaint in India?▾
Can I claim compensation in addition to my unpaid salary?▾
Related Guides on OfficeDraft
Full and Final Settlement Letter Generator
The complete FnF generator — salary, gratuity, leave encashment, and more, fully cited.
Legal Notice for Unpaid Salary / FnF Settlement
When a demand letter has already been ignored and you need a formal legal notice.
FnF Demand Letter After Resignation
A broader guide to FnF timelines and components if you have already resigned.
FnF Demand Letter Without Relieving Letter
If your unpaid salary is being tied to a withheld relieving letter, read this first.
Two more guides would round out this cluster nicely once built: an Employee Grievance Letter generator for internal escalation before things get formal, and a dedicated Labour Commissioner Complaint Letter generator for the Form-II claim application itself.
Legal Disclaimer
This page is provided for educational and informational purposes only and does not constitute legal advice. It summarises labour law applicable in India as at June 2026, including the Code on Wages, 2019, the Code on Wages (Central) Rules, 2026, the Industrial Relations Code, 2020, and relevant state Shops & Establishments Acts. Several state-level rules under the new labour codes are still being finalised at the time of writing and may affect procedural details in your state. This page may not reflect subsequent legislative or judicial changes.
Reviewed by the OfficeDraft Legal Team — last updated June 2026. OfficeDraft is not a law firm and does not provide regulated legal services. For disputes involving termination, large or contested claims, or threatened litigation, consult a qualified employment lawyer or the Ministry of Labour & Employment, India.
Conclusion
Unpaid salary is one of the clearest-cut disputes in Indian employment law — your right to be paid for work done does not depend on your employer's internal approvals, and the Code on Wages, 2019 gives you a free, time-bound route to recover it if asked nicely does not work. Calculate the exact amount, send a written demand with a 15-day deadline, and if that is ignored, take it to the Authority. Most cases resolve well before a hearing is ever needed.
Code on Wages, 2019 · All 36 States & UTs · State S&E Act auto-applied
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