If your employer has not paid your salary, you can file a labour commissioner salary complaint for free, without a lawyer. This page explains exactly when to file, what to prepare, and how the process runs from complaint to conciliation to recovery. Use the generator below to draft your complaint letter now.
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Free · Payment of Wages Act, 1936 · All States
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To, The Labour Commissioner / Assistant Labour Commissioner, [Office of the Labour Commissioner — Region/District, State] [Office Address] Date: [DD/MM/YYYY] Subject: Complaint regarding non-payment of Full and Final (FnF) Settlement dues by [Employer/Company Name] Respected Sir/Madam, I, [Your Full Name], was employed with [Company Name] as [Designation] (Employee ID: [Employee ID]), at their office located at [Office Address of Employer], from [Date of Joining] to [Last Working Day]. I tendered my resignation on [Resignation Date], which was accepted by the company on [Acceptance Date]. I served my notice period in full and completed all exit formalities, including handover and clearance, as evidenced by the documents enclosed with this complaint. Despite [Number] days having passed since my last working day, the company has failed to release my Full and Final Settlement dues, which include: 1. Pending salary: Rs. [Amount] for the period [Dates] 2. Gratuity: Rs. [Amount] (if applicable) 3. Leave encashment: Rs. [Amount] for [Number] days of unutilised earned leave 4. Pending incentives / variable pay: Rs. [Amount] 5. Expense reimbursements: Rs. [Amount] 6. Relieving letter and experience certificate (not yet issued) Total amount outstanding: Rs. [Total Amount] On [Date of Demand Letter], I sent a formal written demand letter to the company (copy enclosed as Annexure A), citing Section 5 of the Payment of Wages Act, 1936, and giving the company 15 days to settle the dues. The company has [not responded / acknowledged but not paid / made a partial payment of Rs. ___], and the matter remains unresolved as on the date of this complaint. I therefore request your good office to: (a) Issue a notice to the employer directing immediate payment of the outstanding FnF dues stated above; (b) Initiate proceedings under Section 15 of the Payment of Wages Act, 1936 (and the Payment of Gratuity Act, 1972, where applicable) for recovery of the dues along with compensation for the delay; (c) Direct the employer to issue the relieving letter and experience certificate, if not already issued. I am enclosing the following documents in support of this complaint: 1. Appointment letter 2. Resignation acceptance email 3. Last salary slip 4. FnF demand letter sent to the employer, with proof of delivery 5. Bank statement showing non-credit of dues 6. [Any other relevant document] I request you to kindly look into this matter at the earliest and oblige. Thanking you, Yours sincerely, [Your Full Name] [Your Full Address] [Phone Number] [Email Address] [Signature] Enclosures: As listed above
On this page
A labour commissioner salary complaint is a written complaint you file with the office of the Labour Commissioner when your employer has not paid your salary on time or in full. The office calls both sides in for conciliation, meaning it tries to get the employer to pay without you having to go to court.
Unpaid salary is treated as unpaid wages under the Payment of Wages Act, 1936. The Act sets a payment deadline of 7 to 10 days after the end of the wage period, and gives you a free route to recover wages plus compensation if your employer misses that deadline.
This route works for pending monthly salary, unpaid overtime, withheld full and final settlement, unpaid bonus where contractually due, and leave encashment. It does not require a lawyer, and there is no filing fee.
File once you have given the employer a fair, documented chance to pay and they have not responded.
Salary is due but not paid. Send a written reminder to HR and your manager by email.
No response or a vague promise with no date. Send a formal legal notice citing the Payment of Wages Act with a 15-day deadline.
Deadline in the notice has passed with no payment. This is the point to file your complaint with the Labour Commissioner.
If salary or FnF is withheld after you have left, you can file directly — you do not need to still be employed there.
A complaint backed by a documented paper trail moves faster than one filed without any prior attempt to resolve it directly.
Send a written salary reminder
Email HR and your reporting manager, state the pay period and amount owed, and ask for a payment date. Keep it short and on record.
Send a formal legal notice
If the reminder is ignored for 7–10 days, send a written demand citing the Payment of Wages Act, 1936 and give a clear deadline, usually 15 days.
Gather your evidence
Collect payslips, your appointment letter, bank statements, and copies of every communication before you file, so your complaint is ready to act on immediately.
Need the notice first? Use the Unpaid Salary Legal Notice or Salary Recovery Letter generator before you come back here to file.
Gather these before you file. Missing documents are the most common reason a complaint sits without action.
| Document | Why You Need It |
|---|---|
| Appointment letter or employment contract | Establishes your employment, designation, and agreed salary. |
| Last 3–6 months of payslips | Shows the salary pattern and the exact amount owed. |
| Bank statements | Confirms which months were paid and which were not. |
| Salary reminder and legal notice copies | Shows you gave the employer written notice before escalating. |
| Resignation or termination letter, if applicable | Needed if the unpaid salary relates to your exit or FnF. |
| Attendance or WFH records | Rules out any employer claim that you did not work the period. |
| ID proof and address proof | Standard requirement to file the complaint under your name. |
The same core process applies across states, though the exact office name and online availability differ.
Identify the right office
Find the Labour Commissioner or Assistant Labour Commissioner office for the district where your employer is registered or where you worked.
Prepare the written complaint
State your name, employer, salary period owed, amount, and a summary of what you have already done (reminder, notice). Attach supporting documents.
Submit the complaint
File in person at the office, by post, or online where your state supports it. Keep a signed acknowledgment or filing receipt.
Attend the conciliation hearing
The office typically calls both parties in for a hearing. Bring your original documents. Many unpaid-salary cases settle at this stage.
Escalate if unresolved
If conciliation fails, the matter can move to the Payment of Wages Authority or Labour Court, which can pass a binding payment order plus compensation.
Online
The central Shram Suvidha portal accepts labour-related complaints, and several state labour departments run their own online complaint forms. Availability and the exact form change by state, so confirm on your state's labour department site before assuming online filing is open.
Offline
Submit your written complaint in person or by registered post to the office of the Labour Commissioner or Assistant Labour Commissioner for the district where your employer operates. Ask for a signed acknowledgment or filing receipt at the time of submission.
Most district offices call both parties in for a first conciliation hearing within 2 to 6 weeks of filing. If the employer pays or agrees to a settlement at that hearing, the matter closes there. If the employer does not show up or disputes the claim, the office typically refers the case to the Payment of Wages Authority or Labour Court, which adds several more weeks to months depending on the local case backlog and whether the employer contests it.
Notice to the employer
The Labour Commissioner's office sends a notice to your employer asking them to respond and appear.
Conciliation hearing
Both sides attend, present documents, and the office attempts a settlement.
Settlement, if reached
The employer agrees to pay, usually on a specific date recorded by the office.
Referral, if unresolved
The case moves to the Payment of Wages Authority or Labour Court for a binding order.
An employer cannot lawfully terminate you as retaliation for filing a genuine complaint over unpaid wages. If you are terminated shortly after filing, keep every email, the termination letter, and a written timeline of events. This record matters if you need to raise the termination as a separate issue alongside your wage claim.
The Labour Commissioner is almost always your first step. The Labour Court comes in only if that step does not resolve the matter.
| Aspect | Labour Commissioner | Labour Court |
|---|---|---|
| Purpose | Conciliation — tries to settle the dispute between employee and employer without litigation | Adjudication — hears the case formally and passes a binding order |
| Cost | Free, no lawyer required | Free to file under the Payment of Wages Act; a lawyer is optional but common for larger claims |
| Typical timeline | Weeks, for straightforward cases | Months, particularly if the employer contests the claim |
| When it applies | First step for any unpaid wage or FnF dispute | When conciliation fails, or the claim is large, contested, or involves multiple employees |
The Payment of Wages Act applies nationwide, but the district office you file with, and whether online filing is open, depends on your state. The core process described above is the same everywhere.
Confirm your district office and whether online filing is available on the Shram Suvidha portal or your state labour department's own site before filing.
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Reflects Indian labour law currently in force, including the Payment of Wages Act 1936, Industrial Disputes Act 1947, and relevant state Shops & Establishments Acts.
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Covers the complaint process applicable across India's states and Union Territories, for private-sector employees across sectors.
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This content is for information and education and does not constitute legal advice. For disputed or large claims, consult a qualified employment lawyer.
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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 July 2026, including the Payment of Wages Act 1936, Industrial Disputes Act 1947, and relevant state Shops & Establishments Acts. It may not reflect subsequent legislative or judicial changes, and individual employment contracts or state rules may vary the position described here.
Reviewed by the OfficeDraft Legal Team — last updated July 2026. OfficeDraft is not a law firm and does not provide regulated legal services. For disputed or large claims, consult a qualified employment lawyer or the Ministry of Labour & Employment, India.
Filing a labour commissioner salary complaint costs nothing and does not need a lawyer. Send a written reminder, follow it with a legal notice if the employer stays silent, and file the complaint once the deadline in that notice passes. Bring your payslips, contract, and communication record to the hearing. Most straightforward unpaid-salary cases settle at conciliation before they ever reach the Labour Court.
Free · Payment of Wages Act · All 36 States & UTs
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Generate My Complaint Letter →Covers: Unpaid salary · Withheld FnF · Unpaid bonus · Leave encashment