In the fast-paced 2026 job market, especially within startups and cash-strapped firms, salary delays and withheld bonuses are becoming a rising concern. However, Indian law is clear: Salary is not a “favor”—it is a statutory right. As of November 21, 2025, the new Code on Wages has streamlined these protections, ensuring all workers (including IT and gig workers) have a statutory right to timely payments. If your employer is defaulting, here is your roadmap to recovery.
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1. Know the Deadlines: When is it “Delayed”?
Under the Payment of Wages Act (and the 2025 Wage Code), employers must follow strict timelines:
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Establishments with < 1,000 employees: Salary must be paid by the 7th of the following month.
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Establishments with > 1,000 employees: Salary must be paid by the 10th of the following month.
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IT & ITES Sector: Specific state amendments often mandate payment by the 7th to ensure transparency.
Legal Fact: Financial stress or “company loss” is not a valid legal excuse to withhold an employee’s earned salary.
2. The Step-by-Step Recovery Process
Before jumping to court, follow this escalation matrix to strengthen your case and potentially resolve the issue faster.
Step 1: The Paper Trail (Internal)
Send a formal email to HR and your reporting manager. State the exact amount due, the period it covers, and request a specific payment date. Save all replies.
Step 2: Formal Legal Notice
If the internal request fails, hire a lawyer to send a Legal Notice. This gives the employer a 15-day window to settle the dues or face litigation. Often, this notice alone is enough to prompt payment as companies want to avoid court costs and the “NCLT threat” (for dues over ₹1 Lakh).
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Step 3: Filing a Complaint (External)
Depending on your role and pay, you have different forums:
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For “Workmen” (Non-managerial): File a complaint via the SAMADHAN Portal (samadhan.labour.gov.in) or visit the Labour Commissioner’s office.
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For Managers/Executives: File a Summary Suit in the Civil Court under Order 37 of the CPC. This is a fast-track way to recover money based on written contracts.
3. Are Bonuses and Incentives Protected?
Yes, but with a catch.
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Contractual Bonuses: If your offer letter or policy says “Performance Incentive of ₹X based on Y targets,” and you have achieved those targets, the bonus is no longer “discretionary”—it is a vested right.
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Statutory Bonus: Under the Payment of Bonus Act, many employees are entitled to a minimum of 8.33% of their annual salary as a bonus, regardless of company profit.
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4. Essential Document Checklist
To win a recovery case, you must preserve these documents:
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Appointment Letter/Contract: Proves the agreed salary and incentive structure.
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Salary Slips: Evidence of what was being paid previously.
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Bank Statements: Proof that no credit happened on the due date.
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Appraisal/Target Records: To prove you earned your variable pay/incentives.
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Email Communications: Confirming the delay or acknowledging the debt.
Also Read | The Longevity Trap: 5 Retirement Mistakes We Realize “Too Late”
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