Demand letter to a former employer for unpaid dues
My old employer has not paid my final salary and gratuity. What do I send?
A dated demand to HR with a copy to a director, a statement of dues and a sheet with the deadline and the rule for each item.
- Demand for payment of my final dues
- Statement of dues
- Before you send
₹299₹499
Launch price until 30 November. ₹499 after that.
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Final wages are due fast. Section 17(2) of the Code on Wages, 2019 requires wages to be paid within two working days of removal, dismissal, retrenchment or resignation. Section 17(3) lets the appropriate Government set a different limit, so check your State's wage rules if the employer cites one.
If the wages stay unpaid, a claim goes to the authority under section 45, which can order compensation of up to ten times the amount (section 45(2)). The claim is filed within three years of the day it arises (section 45(6)).
Gratuity follows section 56(3) of the Code on Social Security, 2020, which requires payment within thirty days of the date it becomes payable. Simple interest runs after that (section 56(4)). The application is in Form IV under rule 33 of the Social Security (Central) Rules, 2026, and the employer replies in Form V within fifteen days. Five years of continuous service are needed on resignation or retirement (section 53(1)). A fixed-term employee qualifies after one year.
The letter asks for the relieving and experience letters too. We found no section in the Codes that sets a date for those, so the letter asks and cites no law. Other dues such as leave encashment and bonus are claimed under your terms of employment.
Fill in your own
₹299₹499
Launch price until 30 November. ₹499 after that.
You
The employer
Your employment
What you are owed
Due 1
Gratuity
The letter
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Common questions
How long does an employer have to pay final wages?
Two working days from removal, dismissal, retrenchment or resignation, under section 17(2) of the Code on Wages, 2019. Section 17(3) lets the appropriate Government set another limit.
Is there a deadline for gratuity?
Section 56(3) of the Code on Social Security, 2020 requires payment within thirty days of the date it becomes payable. If the employer is late, simple interest is payable under section 56(4). The letter states no amount, because the employer works it out under section 56(2).
Can an employer refuse gratuity?
Only in the case section 53(6) covers. Where an employee is removed for riotous or disorderly conduct, violence, an offence involving moral turpitude or wilful damage to the employer's property, gratuity can be forfeited wholly or in part. If the employer gives that reason, speak to us before you send the letter.
Does the law make the employer give a relieving letter?
We found no section in the Codes we read that does. Many appointment letters and HR policies promise one. The letter asks for it without citing a law, and the sheet suggests you quote your own policy.
Can I see the document before I pay?
Yes. Fill in your details and the page shows the first page of each document with your own answers in it. You pay only if it is what you need.
Can I change the document after I download it?
Yes. Each document comes as a Word file you can edit and a PDF you can print. You can also change your answers and prepare it again before you pay.
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