How to Recover Unpaid Salary Legally in India – Step-by-Step Guide for Employees

 How to Recover Unpaid Salary Legally in India – Step-by-Step Guide for Employees

Are you a working professional who hasn't received your full salary? You're not alone. Thousands of employees across India face salary delays, non-payment, or unlawful deductions — and most are unaware of their legal rights.

In this article, you’ll learn:

  • Your legal rights as an employee

  • Step-by-step process to recover your unpaid salary

  • When to send a legal notice or file a case

  • Sample formats and key laws that protect you


Step-by-Step Legal Process to Recover Salary

Send a Professional Legal Notice

This is the most effective first step. It should:

  • Be drafted by a qualified advocate

  • Mention due salary, dates, and total amount

  • Warn the employer of legal action

If you're in Delhi, Mumbai, Bangalore or any metro, a well-worded notice often brings fast resolution.

Approach the Labour Commissioner

  • File a complaint at the Labour Office of your district

  • Include a copy of your legal notice, salary slips (if any), offer letter, etc.

  • The officer may call both parties and attempt a settlement

Many disputes are resolved here without court intervention.

3  File a Civil Suit for Recovery

If the employer still refuses:

  • You can file a civil suit  for money recovery

  • You can also claim interest and legal expenses

4  File a Complaint under BNS (If Cheating/Fraud Involved)

If:

  • Employer took work and never paid

  • Forced you to resign without paying dues

  • You were made to work during notice period without salary

Then criminal charges can apply. An FIR or private complaint in court can be filed under:

  • (Criminal breach of trust)

  • (Cheating)


Employer Cannot Legally Do This:

  • Withhold your salary for performance issues

  • Force you to resign to avoid payment

  • Threaten or harass you after you ask for your dues

You can take legal action immediately.


 Legal Tip:

Even if you don’t have a formal offer letter or salary slip, email proofs, chats, work submissions, and attendance are legally admissible evidence.

Need Expert Help?

At LawTrix.in, we help professionals across India recover their salary by:

  • Drafting strong legal notices

  • Filing recovery suits

  • Taking criminal action when required


Tags:

salary recovery in India, unpaid salary legal notice, employer not paying salary, legal advice for employees, salary dues, notice period dispute, IT employee salary issues