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Understanding the Payment of Wages Act 1936: A Guide for Employers

Payment of Wages Act 1936

Introduction

Is your salary policy legally sound or just something you’ve always followed?

A trending content-to-commerce startup delayed paying its employees for two straight months. Despite promising to pay salaries at the start of June, employees were still waiting for their dues well into the second week. The reason? Internal restructuring and cash flow issues. But frustrated employees didn’t just sit back; they started preparing to file complaints under the Payment of Wages Act 1936.

This wasn’t a remote factory or cash-based business—it was a modern, VC-funded startup. Yet, it failed in one of the most basic responsibilities: paying employees on time. In fact, several team members had already begun exploring legal recourse. Delayed salaries don’t just disrupt monthly budgets, they break trust. When a company with millions in funding delays dues, it sends a loud message about misplaced priorities.

In this blog, we’ll explain:

  • What the Payment of Wages Act covers and why it exists
  • Who it applies to and its core provisions
  • Must-follow payment of wages rules
  • The real-world cost of ignoring the law
  • How Vishaal Consultancy Services keeps your payroll future-proof

What Is the Payment of Wages Act 1936 and Why It’s Still Important Today?

If you’ve ever faced a delay in your salary or seen coworkers struggle to get their rightful pay—you’re not alone. Inconsistent or late wage payments aren’t just frustrating; they can lead to serious financial stress and legal disputes. That’s where the Payment of Wages Act 1936 steps in.

Introduced in pre-independence India, this law was designed to protect employees from unfair deductions and delayed payments. Almost 90 years later, its purpose remains relevant: ensuring that every employee is paid correctly, on time, and through transparent methods.

In 2025, with more digital payroll systems in place, some employers mistakenly assume compliance is automatic. But real-world scenarios like startups delaying salaries or informal employers cutting corners prove otherwise. This law remains the foundation for ethical and legal salary practices in India.

Payment of Wages Act 1936

Who Does The Act Cover? And What Are Provisions Of The Payment Of Wages Act?

Whether you run a shop, factory, startup, or warehouse, this law might apply to you.

Key provisions of the payment of wages act 1936:

  • Salary Cycle (Section 4): Employers can choose a daily, weekly, fortnightly, or monthly pay cycle—but not longer than one month. This must be clearly communicated.
  • Payment Deadlines (Section 5): Salaries should be paid within 7 days after the pay period ends for all organisations.
  • Permitted Modes (Section 6): Valid salary payment methods include cheque, or direct bank deposit. Gift cards or in-kind compensation don’t qualify as payment.
  • Allowable Deductions (Sections 7–13A): Employers may deduct statutory payments (PF, ESI), taxes, court-ordered payments, or penalties following formal inquiry. Other deductions require written consent from the employee.
  • Complaints (Section 15): Employees can complain and may get up to 10 times the delayed amount as compensation. Repeated issues can lead to bigger fines or jail time.

5 Must-Follow Rules for Paying Salaries Right

Just blindly following the law without actually applying it in practice is sheer ignorance. Simply knowing your legal duties isn’t enough, you have to act on them consistently and consciously.
Here’s how you can do it:

  • Declare your salary cycle clearly and follow it every month.
  • Close payroll early to meet legal deadlines without stress.
  • Give detailed pay slips with the mention of gross pay, deductions, and net salary.
  • Keep salary records safely for at least three years.
  • Use digital payment methods as it’s safer and easier to track.
Following these rules keeps your employees happy and your business safe from legal trouble in the near future.
Payment of Wages Act 1936
Take the guesswork out of labour law and contact Vishaal Consultancy Services today!

How The Payment of Wages Act Connects with Other Salary Laws

When it comes to payroll, no law works in isolation. The Payment of Wages Act 1936 is just one part of a much larger puzzle. It links closely with other key employment laws that govern how much employees are paid, when, and under what terms.
  • Minimum Wages Act: Ensures every employee is paid at least the government-notified basic rate—no exceptions.
  • Shops & Establishments Act: Regulates working hours, overtime pay, and holiday entitlements to protect employees’ time and effort.
  • Bonus and Gratuity Acts: Cover extra pay like performance bonuses and end-of-service benefits, helping retain and reward long-term staff.
In short, you can’t follow one and ignore the others. Staying compliant across the board is what truly builds trust and avoids legal slip-ups.

Common Mistakes and Easy Ways to Avoid Them

1. Delaying salaries due to internal issues

When a company experiences cash flow problems or is undergoing restructuring, salary payments often get delayed. But according to the Payment of Wages Act, timely salary is a legal right. Delays can impact employee morale and attract legal action.
Solution: To prevent this, companies should maintain a financial buffer or have access to a credit line to ensure salary is disbursed on time, regardless of internal challenges.

2. Making deductions without employee consent or legal justification

Deductions for like uniforms, lost equipment, or fines may seem routine, but without consent or legal grounds, they violate the Act. Such practices can lead to complaints and loss of employee trust.
Solution: Always get written approval for non-mandatory deductions and ensure all deductions are backed by law and documented properly.

3. Using non-traceable payment modes

Paying employees in cash or without maintaining records can lead to confusion and future disputes. It makes accountability difficult and increases legal risk.
Solution: Employers should use traceable payment methods like bank transfers and avoid cash payments.

Case Study: Non-Compliance with the Payment of Wages Act

Remember the case study we discussed in the beginning? Let us deeply understand what actually happened and what the outcome was.
Incident:
In June 2025, A content-to-commerce, a VC-backed D2C startup delayed salaries for April and May despite employee protests. The issue was made public after multiple employees raised concerns over non-payment.
Violations:
  • Breach of Section 5 by delaying wage payment beyond the 7-day deadline
  • Failure to communicate with employees during the salary delay
  • Risk of penalty under Section 15 due to repeated violations
Outcome:

The incident was reported by major media outlets. Employees threatened to file formal complaints. The company initiated partial repayments, but damage to employee morale and brand reputation was already done.

Avoiding these mistakes isn’t optional. That’s why it’s so important for employers to take a hard look at whether their HR and payroll systems actually follow the law. If there are gaps, the smartest move is to work with experts who understand the rules and can guide you every step of the way and that’s where Vishaal Consultancy Services comes to your rescue.

Unsure if your salary policies meet legal standards? Let us audit and fix them for you.

How Vishaal Consultancy Services Can Help You Stay Compliant

Compliance is not a one-time task—it’s a continuous process. Here’s how Vishaal Consultancy services becomes your long-term compliance partner.
  • Audit your payroll for hidden risks
  • Update wage policies in line with state norms
  • Monitor legal changes and alert you in time
  • Support during inspections or employee claims
Whether you’re a startup or an established brand, Vishaal Consultancy Services ensures every layer of your HR process supports compliance, efficiency, and employee well-being.
Payment of Wages Act 1936

Conclusion

Missing payday isn’t just bad management—it could land you in legal trouble. The Payment of Wages Act 1936 was built to make sure employees aren’t left waiting endlessly for what they’ve earned. And in today’s fast-paced work environment, respecting this law isn’t just about ticking a box it’s about building a workplace people can trust.

Not sure if your payroll process fully complies with the law? That’s where Vishaal Consultancy Services steps in. As a trusted payroll company in Bangalore and expert labour law consultants, we help businesses across industries simplify compliance—be it salary payment rules, deductions, or full-scale HR support.

Whether you’re fine-tuning your policies or starting from scratch, our payroll processing and outsourcing services ensure your systems stay legally sound and employee-friendly. Let’s take the stress out of compliance—get in touch with Vishaal Consultancy Services today

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