Let’s be blunt: non-payment of salary is not a “company issue,” a “cash-flow problem,” or a “temporary delay.” It is a legal violation.
Employers often rely on employee fear, ignorance, or desperation to get away with it. The law, however, is far less forgiving than most people realise.
This article explains exactly where you stand, what the law says, and what you should actually do—without sugar-coating anything.
Wage Is a Legal Right, Not a Favour
Once you have worked, payment of salary becomes a statutory and contractual obligation. Whether you are on probation, contractual employment, or permanent payroll makes no difference to the basic principle.
An employer cannot legally withhold salary on vague grounds like:
- “losses this month,”
- “management decision,”
- “performance issues” (unless contractually quantified),
- “you didn’t resign properly.”
Work done = wages payable. End of discussion.
Also Read- Can Someone Record My Call Legally?
Laws That Protect You
Non-payment or delayed payment of salary attracts consequences under multiple legal frameworks.
Under labour laws, wages must be paid within the prescribed time limits. Deliberate delay or withholding is unlawful.
Under contract law, failure to pay salary amounts to breach of contract.
In serious cases, non-payment can even attract criminal liability if it involves cheating, fraud, or dishonest intention.
Courts have consistently held that wages are a matter of dignity and livelihood. This includes the Supreme Court of India. They are not subject to employer discretion.
“They’re Saying It’s Delayed, Not Denied” — Does That Matter?
Yes—and no.
A short, justified delay may not immediately trigger harsh consequences. But:
- repeated delays,
- indefinite postponement,
- selective payment to some employees,
- or conditional payment
are treated as illegal withholding, not mere delay.
If salary becomes uncertain, unpredictable, or dependent on pressure, the employer is already in the wrong.
Common Illegal Tactics Employers Use
Let’s call them out plainly:
- Asking you to “wait patiently”
- Linking salary to resignation acceptance
- Threatening bad references
- Forcing unpaid “notice period adjustment”
- Claiming salary will be cleared “after funding”
None of these override the law. Financial difficulty is not a legal defence.
Also Read- Signed a Contract Without Reading — Now What?
What You Are Legally Entitled To
You have the right to:
- receive full salary for work done,
- receive payment within the legally prescribed time,
- claim unpaid salary with interest in appropriate cases,
- approach authorities without retaliation,
- resign without forfeiting earned wages.
Your employer does not get to decide whether you “deserve” your salary after you’ve already worked.
What You Should Do — Step by Step
First, document everything. Appointment letter, offer email, attendance records, payslips (if any), chats, emails—this is your ammunition.
Second, raise a written demand. Not a casual message. A formal email or notice demanding payment with a clear deadline.
Third, if the employer ignores or intimidates you, approach the Labour Authority or Labour Court. These forums exist precisely for wage disputes and are faster than civil courts in most cases.
(Labour Court)
Fourth, if the amount is substantial or intent appears dishonest, legal notice and litigation become necessary. Fear of “burning bridges” should not outweigh unpaid rent or dignity.
Can You Quit If Salary Is Not Paid?
Yes.
Non-payment of salary is a valid ground for resignation, and in many cases, for claiming constructive termination. An employer who doesn’t pay cannot simultaneously demand loyalty.
The Hard Truth Most Employees Avoid
If you keep working without salary, you’re sending one message: this behaviour is acceptable.
Law protects those who assert their rights—not those who silently tolerate exploitation.
Most salary disputes drag on because employees delay action hoping things will “improve.” They usually don’t.
Also Read- Posting Photos Without Consent — Legal or Not?
If your salary is not paid, the law is on your side—but only if you use it.
Non-payment of wages is illegal, unethical, and actionable. Employers are bound by law, not excuses. Silence helps the violator, not you.
You worked. You earned it.
Now enforce it.
Connect with us on Instagram – X – LinkedIn for daily updates, quizzes, and other materials
