Code on Wages, 2019Updated June 2026

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.

✓ Cites the current Code on Wages, 2019✓ Covers still-employed, resigned & terminated cases✓ 15-day response deadline built in✓ Labour Authority escalation clause✓ Free template + paid generator
Last updated: June 2026Reviewed by: OfficeDraft Legal TeamLegislation: Code on Wages, 2019 · Code on Wages (Central) Rules, 2026 · State S&E Acts

Key numbers

Legal deadline on separation2 working days
Max deduction per wage period50% of wages
Time limit to file a claim3 years
Max compensation awarded10× dues
Labour Authority complaint cost₹0 (free)
Generator price₹49 only

Law update: The Payment of Wages Act, 1936 was repealed and replaced by the Code on Wages, 2019, in force nationwide since 21 November 2025, with Central Rules notified on 8 May 2026.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.

1

Confirm the amount and the deadline

Check your payslip, contract, and the wage-period deadline (see the table below) that applies to you.

2

Raise it in writing, calmly, first

A short email to HR and your manager — many delays are genuine payroll errors, not bad faith.

3

Send a formal demand letter if ignored

Use the template further down. State the amount, cite the law, and give 15 days.

4

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 / SituationStatutory Payment Deadline
Daily wage periodAt the end of the shift
Weekly wage periodOn the last working day of the week
Fortnightly wage periodBefore the end of the 2nd day after the fortnight ends
Monthly wage periodBefore the expiry of the 7th day of the following month
On separation — resignation, termination, retrenchment, or dismissalWithin 2 working days of the date of separation
Still employed, salary delayed

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.

Resigned or terminated, Day 0–2

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.

Day 3–15

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.

Day 15–30

If still unpaid, this is the window to send your formal demand letter, with a 15-day deadline and an explicit escalation clause.

Day 30+

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.

DocumentWhy You Need It
Appointment letter / employment contractEstablishes your agreed salary, wage period, and notice-period terms.
Payslips for the last 3–6 monthsNeeded to calculate the exact pending amount and verify your usual salary structure.
Bank statements showing salary creditsProves the pattern of payment and the date salary stopped being credited.
Resignation / termination communicationConfirms your last working day, which fixes the 2-working-day deadline under Section 17.
Attendance or work logs for the unpaid periodEvidence that you actually worked the days you are claiming wages for.
Any written acknowledgment of dues from HRAn 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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All 36 States & UTs

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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.

1

Send the demand letter (15-day deadline)

First step

Documents your claim, cites the law, and creates the evidentiary trail an Authority will expect to see before hearing your complaint.

2

File a claim before the Authority (Section 45)

Free

Free 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.

3

Attend the hearing — burden of proof is on the employer

Burden on employer

Once 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.

4

Appeal, if needed (Section 49)

Appeal route

If either side disputes the Authority's order, an appeal lies to the appellate authority within the prescribed period.

5

Recovery as arrears of land revenue

Final enforcement

If 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.

AspectLabour Authority (Commissioner)Labour Court / Tribunal
Governing lawCode on Wages, 2019 — Section 45Industrial Relations Code, 2020 (replaced the Industrial Disputes Act, 1947)
Best suited forStraightforward non-payment, short-payment, or unauthorised deductionsDisputed terminations, larger or contested contractual claims, broader industrial disputes
CostFreeMay involve legal representation costs, though the process itself is also designed to be accessible
SpeedAuthority aims to decide within roughly 3 monthsGenerally slower — depends on tribunal caseload and complexity
CompensationUp to 10× the claim amount, at the Authority's discretionDetermined 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?
No, not entirely. Your employer may deduct notice-pay-in-lieu of the shortfall where your contract allows it, but cannot withhold your full salary for days you actually worked. Under the Code on Wages, 2019, deductions in any single wage period cannot exceed 50% of your wages, and wages already earned remain payable regardless of how the notice period was handled.
How many days does an employer have to pay my full and final salary after resignation?
Under Section 17 of the Code on Wages, 2019, wages due on separation — resignation, termination, retrenchment, or dismissal — must be paid within 2 working days of the date of separation. Many employers still take 30–45 days in practice, but a delay beyond a couple of days has no legal cover once exit formalities are complete.
What is the difference between the Labour Commissioner and the Labour Court for an unpaid salary complaint?
For straightforward non-payment or short-payment, file a claim before the Authority under Section 45 of the Code on Wages, 2019 — usually handled through the state Labour Commissioner's office. It is free, faster, and can award up to 10× the unpaid amount as compensation. The Labour Court or Industrial Tribunal under the Industrial Relations Code, 2020 generally handles more complex disputes — disputed terminations, larger contractual claims, or claims tied to a broader industrial dispute.
Is there a time limit for filing an unpaid salary complaint in India?
Yes — 3 years from the date the wages became due, under the Code on Wages, 2019. This is a significant increase from the 6 months to 2 years allowed under the laws it replaced. The Authority can still admit a delayed claim where you show sufficient cause.
Can I claim compensation in addition to my unpaid salary?
Yes. Under Section 45(2) of the Code on Wages, 2019, the Authority can order compensation in addition to the unpaid amount — up to 10 times the claim determined — depending on the circumstances of the delay, and generally aims to decide the claim within about 3 months of filing.

Related Guides on OfficeDraft

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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Covers: Pending salary · Gratuity · Leave encashment · Reimbursements · Notice pay disputes