Unpaid salary is not a favour withheld. It is a debt. The question is only which route recovers it fastest in your situation.
Where the entitlement comes from
For many employees, the starting point is the Payment of Wages Act, 1936, which requires covered establishments to pay wages within strict monthly timelines and restricts what can be deducted. The Act applies to employees below a notified wage ceiling, so senior and higher-paid employees usually fall outside it. For them, the entitlement flows from the employment contract itself and from the Shops and Establishments Act of the relevant state, which typically regulates payment of wages and termination dues in that state.
There is no single all-India statute that fixes one deadline for full and final settlement for every employee. In practice the timeline comes from your contract, your state's Shops and Establishments Act, and company policy. What is consistent everywhere: once employment ends, earned salary, approved reimbursements, encashable leave under policy, and any statutory dues such as gratuity become payable, and withholding them without a lawful basis is actionable.
The recovery routes
A written demand is step one, and often the last step needed. A formal legal notice from a lawyer setting out the exact amounts, the legal basis and a payment deadline changes how seriously the demand is treated.
If that does not move things, the routes include: a complaint to the labour authorities where the Payment of Wages Act or state law applies; an application under Section 33C(2) of the Industrial Disputes Act, 1947 for employees who qualify as workmen, which is a direct recovery mechanism for money due; and a civil suit for recovery, which is available generally and must be brought within the limitation period, so do not sit on the claim.
What actually decides these matters
Documentation. Offer letter, appointment letter, payslips, resignation acceptance, the F&F computation if one was shared, and every email chasing payment. A precise claim with documents behind it settles; a vague one gets ignored.
This article is general information, not legal advice, and does not create a lawyer-client relationship. If this is your situation, start the intake and the lawyer will review your specific facts.