Salary Not Paid on Time? What the Law Says and What You Can Do

Salary late again this month? You are not imagining that it's wrong, and you are not being difficult by asking about it. Under the Code on Wages, 2019, which came into force across India on 21 November 2025, an employer paying wages monthly has to pay them before the end of the seventh day of the following month. If you have resigned or been let go, the wages due are supposed to be paid within two working days. Those are legal time limits, not HR courtesies.

Knowing the rule is one thing. Getting your money without blowing up your job is another, so this guide covers both.

What the law actually says on timing

Section 17 of the Code on Wages sets time limits based on your wage period:

• Daily wages: at the end of the shift.
• Weekly wages: on the last working day of the week, before the weekly holiday.
• Fortnightly wages: before the end of the second day after the fortnight ends.
• Monthly wages: before the expiry of the seventh day of the succeeding month.

The same section says that when an employee is removed, dismissed, retrenched, resigns, or loses the job because the establishment closes, the wages payable must be paid within two working days. The government's own summary of the labour codes, released by PIB on 21 November 2025, specifically mentions salary release by the 7th of every month for IT and ITES workers, so this applies to office jobs too, not only factory or daily-wage work.

A practical note: the "wages" in that two-day rule are your earned salary. Full and final settlement items like gratuity or leave encashment have their own rules and often take longer in practice. If that's your issue, read our guide on delayed full and final settlement and gratuity.

First, figure out what kind of delay it is

Not every late salary is the same problem, and the right move depends on which one you're facing.

A one-off delay with an explanation. A bank holiday, a payroll system change, a new payroll vendor. Annoying, but usually fixed the next month. Ask once, politely, and note the date.

Partial payment or "we'll pay the balance later". This is more serious. Check your payslip. If deductions appear that you never agreed to, or a fixed component has been cut without a revised letter, ask for the reason in writing.

Repeated delays, getting longer each month. In small companies and startups this is often the first visible sign of cash trouble. In our experience, people tend to wait too long here because they like the team and believe things will turn around. Sometimes they do. But your rent doesn't wait.

How to raise it without burning bridges

Start in writing, even if you also talk to someone in person. A short email to HR or payroll, copying your manager if you're comfortable, is enough:

"Hi, my salary for September has not been credited yet. Could you please confirm the expected date of payment? Thanks."

That's it. No threats, no legal sections. The point is to create a dated record and give them a fair chance to fix it. If you get a date, note it. If the date passes, follow up on the same email thread so the history stays in one place.

Keep your own records from now on: offer or appointment letter, payslips, bank statements showing credit dates, and any messages about pay. The labour codes require employers to issue appointment letters to all workers, so if you never received one, ask for it. It's the document that proves what you were promised.

When talking doesn't work

If delays continue or you have left and your dues are stuck, you have formal options. This is general guidance, not legal advice, and for large amounts a labour lawyer is worth a consultation.

• The labour department. Which authority handles it depends on whether the central or state government is the "appropriate government" for your employer. For many private offices, shops and IT companies it is the state labour department. Your state labour department website will list the office for your district.
• Samadhan portal. The Ministry of Labour and Employment runs samadhan.labour.gov.in for filing disputes and grievances online in matters under the central sphere.
• Claims under the Code. Section 45 of the Code on Wages provides for claims for unpaid or delayed wages to be filed before the authority appointed under the Code, generally within three years of the date the claim arises. The PIB release on the codes also highlights the three-year window for pending dues.

Before filing anything, send one final written request that clearly lists the months and amounts due and gives a reasonable deadline. Labour officers will usually ask whether you tried to resolve it directly, and that email answers the question.

Should you start looking for another job?

Honest advice: if salary has been late for two or three months in a row and nobody can give you a straight answer, yes, start quietly. You don't have to resign tomorrow. But job searches take time, and you want to be the one choosing your exit, not reacting to a shutdown. Our guide on job hunting while you're still employed explains how to do it discreetly, and you can browse current openings on CareerCola's India jobs page by city or category.

When you do move, keep copies of everything before your last day. Getting your relieving letter, experience letter and final pay sorted is much easier with a paper trail; see what to do if your relieving letter isn't given.

One last thing. A late salary is not a personal failure, and asking for money you've already earned is not rude. Be polite, be written, be specific about the amounts, and be ready to escalate if politeness doesn't work.