Unpaid wages claim under Code on Wages, 2019 — Section 45 authority, timelines, documents (2026)
How wage claims work under the Code on Wages, 2019: claim before the notified authority (s. 45), who may apply, compensation up to ten times, three-year limitation (extendable for sufficient cause), recovery as land revenue, difference from Industrial Disputes / PF-ESI / general unpaid-salary paths, and why you must check your State’s labour department for which chapters are in force. Educational only — not legal advice.
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What the Code on Wages covers
The Code on Wages, 2019 consolidates and replaces four earlier Central laws: the Payment of Wages Act, 1936; the Minimum Wages Act, 1948; the Payment of Bonus Act, 1965; and the Equal Remuneration Act, 1976. It deals with minimum wages, payment of wages, bonus, and equal remuneration. Implementation is phased: Central and State Governments notify chapters and appoint authorities. Until a provision is notified and rules are in place for your establishment, older State/Central labour laws may still apply in practice — always verify with your State labour department or the official labour portal for your State.
Section 45 — claims authority
Section 45 lets the appropriate Government appoint one or more authorities (not below Gazetted Officer rank) to hear and determine claims arising under the Code. The authority may order payment of the claim and, having regard to the circumstances, compensation which may extend to ten times the claim determined, and should endeavour to decide within three months. If the employer does not pay, the authority issues a recovery certificate to the Collector / District Magistrate to recover the amount as arrears of land revenue.
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Who can file and the three-year limit
An application may be filed by (a) the employee, (b) a registered trade union of which the employee is a member, or (c) the Inspector-cum-Facilitator. A single application can cover several employees in an establishment. Under s. 45(6) the application may be filed within three years from the date the claim arises; the authority may entertain a late application if sufficient cause for delay is shown. Our limitation calculator includes a Code on Wages s. 45(6) type for estimating dates.
Documents and practical steps
Keep appointment letter / contract, wage slips or bank credit records, attendance or biometric logs, emails or messages about dues, resignation or termination letter, and ID proof. Write a clear statement of months unpaid and amounts. Ask the labour department or Inspector-cum-Facilitator for the notified claim authority and the form/procedure in your State. Many States still run online grievance portals under older wage laws — use the channel that is actually notified where you work.
How this differs from other paths
Industrial Disputes Act / Industrial Relations Code routes (conciliation, labour court, industrial tribunal) often address dismissal, retrenchment, or industrial disputes — not every unpaid-wage claim. PF (EPF) and ESI are separate social-security claims with their own authorities (see our PF-ESI guide). A general unpaid-salary / civil recovery or legal-notice path may still be relevant if Code authorities are not yet notified for your workplace, or for contractual dues outside the Code. Our unpaid-salary and labour-employment guides cover those themes at a high level.
State implementation — check before you assume
Do not assume every chapter of the Code is live in every State for every employer. Notifications, rules, and designated authorities differ. Confirm on your State labour department website or Shram Suvidha / State portal which claim mechanism applies to your establishment (Central sphere vs State sphere also matters for ‘appropriate Government’). This guide does not list State-by-State notification status because that changes.
How Adhiwakta can help
We do not file wage claims or appear before labour authorities. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
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Frequently asked questions
- How do I claim unpaid wages under the Code on Wages, 2019?
- File a claim before the authority appointed under Section 45 — yourself, your registered trade union, or through the Inspector-cum-Facilitator. Confirm the notified authority with your State labour department, because implementation varies.
- What is the time limit for a Code on Wages claim?
- Ordinarily three years from when the claim arises (s. 45(6)). The authority may allow a later application if you show sufficient cause for the delay.
- Can the authority award compensation beyond wages?
- Yes. Section 45(2) allows compensation which may extend to ten times the claim determined, having regard to the circumstances, and the authority should endeavour to decide within three months.
- Is the Code already in force in every State?
- Not uniformly. Chapters and authorities are notified over time by the Central and State Governments. Until then, older wage laws may still apply. Check your State labour department — this site does not publish a live State-by-State notification list.
- How is this different from a PF or industrial dispute claim?
- PF/ESI claims go to social-security authorities. Industrial dispute forums address wider employment disputes such as dismissal. Section 45 is the Code’s specific wage-claim route where it has been notified for your workplace.
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