Unpaid Wages

Unpaid wages are remuneration legally due to an employee — salary, allowances, overtime, bonus, or any contractual payment forming part of 'wages' under the Code on Wages, 2019 — that is not disbursed within the statutory timelines. ELRS fights to recover every rupee workers are owed.

What Counts as Unpaid Wages

Section 6 mandates timely payment of wages depending on the wage period — daily, weekly, or monthly
Section 17(2) requires full and final settlement within two working days of termination or resignation
Non-payment within these timelines is a statutory violation
Section 2(y) defines 'wages' broadly to cover basic pay, dearness allowance, and retaining allowance — while excluding statutory bonus, PF contributions, and gratuity
Any amount falling within this statutory definition that remains undischarged constitutes unpaid wages

Legal Remedies

Employees can file claims before Labour Courts or Industrial Tribunals
Courts may order payment with interest, impose penalties on employers, and grant compensation for wrongful withholding
Collective disputes can be raised under the Industrial Relations Code, 2020 for group cases

How We Can Help

Draft email and responses for employees raising the issue
Draft legally fortified demand notices citing statutory provisions
Prepare regulator-ready complaints for submission to labour authorities
Ensure claims are supported with documentary evidence
Represent employees before Labour Courts and Tribunals
Frame arguments under the Code on Wages and Industrial Relations Code
Seek interim relief to prevent hardship and press for penalties against repeat offenders

More Practice Areas

Wrongful Termination

What counts as a wrongful termination?

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Sexual Harassment

What counts as sexual harassment, and what remedies are available?

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Race Discrimination

How is race discrimination addressed under the Constitution and the Labour Codes, and what remedies are available?

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You don't have to fight alone.

Book a consultation with one of our ELRS employment lawyers today.

* An estimation extrapolated from operating account data as of June 29, 2024.

** As of June 29, 2024.

*** Our scaled hourly fees are as generally 40-50% lower than the average hourly fees charged by employment lawyers in the United States (source: 2023 Clio Legal Trends Report).

**** Reviews may be lightly edited for length and/or clarity. Stock images may be used.