Employer won't pay, or let you go unfairly? You have real rights.
Your salary is being withheld, you were let go without notice or dues, or the company is sitting on your relieving letter. This is more common than it should be — and the law gives an ordinary employee clear, mostly-free ways to push back. Here's what to do.
Ask her about this — freeWhat the law actually says
- Your wages are protected by law. A month's salary must reach you by the 7th of the following month, and when you leave — resign, or are let go — everything you are owed must be paid within two working days. If it's withheld, you can complain to the Labour Commissioner or Labour Inspector, for free.
- If you count as a 'workman', the law protects you against unfair dismissal. You do not count if your work is mainly managerial or administrative, or if you supervise and earn above the limit the law sets — a limit low enough that most supervisors fall outside it, so check your own job before relying on this part. After a year's service, the employer must give a month's notice or pay in lieu, AND pay you 15 days' average pay for every completed year you worked there. That second payment is a legal right many people never claim. You can raise a dispute with the Labour Commissioner.
- For unpaid salary you claim through the Labour Commissioner — free, and they can order compensation on top of what you are owed. There is a separate route for money already awarded to you, including retrenchment compensation. Both have deadlines of about a year, though a good reason for being late can be accepted.
- Your unpaid salary must be paid by the second working day after you leave — that is the law, not a courtesy. Gratuity and leave encashment run on their own timelines. Relieving and experience letters are usually covered by your state's rules rather than a central law, and withholding them to pressure you can be challenged.
What to do
- 1
Ask in writing, and keep a copy of everything
Email HR or your manager clearly: what you're owed — salary for which months, notice pay, full-and-final settlement, the relieving letter — and by when. Keep your appointment letter, payslips, emails, and resignation acceptance. These prove your case.
- 2
Send a formal legal notice
If they stall, a formal legal notice demanding your dues within a clear deadline — say 15 days — is often what finally moves a company. It shows you're ready to take it to the labour authority or court.
- 3
Complain to the Labour Commissioner
Still unpaid? File with the Labour Commissioner or Labour Office for your area. Conciliation is free. If they cannot settle it, the amount is decided by a Labour Court, which is quicker than an ordinary civil suit but is still a court. This is the ordinary employee's main route.
- 4
Escalate a wrongful dismissal
If you were dismissed unfairly and you're a 'workman', the labour authority can refer the dispute to the Labour Court, which can order reinstatement or compensation.
Your rights, at a glance
Be paid your salary on time
- How long it takes
- By the 7th of the following month
- Where to go
- Employer, then Labour Commissioner
- Rough cost
- Free
Send a legal notice for your dues
- How long it takes
- Give a 15-day deadline
- Where to go
- Yourself, or a lawyer / Miss Lucy Pro to draft it
- Rough cost
- Free if you write it yourself
Recover unpaid dues
- How long it takes
- Claim within about a year; then weeks to a few months
- Where to go
- Labour Commissioner / Labour Court
- Rough cost
- Low or free
Get your relieving & experience letters
- How long it takes
- Salary by the 2nd working day; letters vary by state
- Where to go
- Employer; escalate if withheld
- Rough cost
- Free
Common questions in this area
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When you need a real lawyer
For unpaid salary and a withheld relieving letter you can usually handle it yourself through the Labour Commissioner — it's free — with a legal notice as the lever, and Miss Lucy Pro can draft that notice. Get a lawyer if you were a senior or managerial employee (the labour route may not cover you, and it becomes a contract case in civil court), if the amount is large, or if the dismissal involves a serious allegation against you.
Need the legal notice drafted? Meet Miss Lucy ProThis is guidance, not a lawyer. Miss Lucy Lite helps you understand your rights and your next step in plain English. It is in no way a replacement for proper legal advice — when your situation needs a real document or a fight in court, she'll tell you plainly that it's time to see a lawyer.