What can I do if my salary has not been paid for three months?

An employee whose salary has not been paid for three months in Pakistan should preserve evidence of employment and nonpayment, make a precise written demand and pursue the statutory wage-recovery or contractual remedy applicable to that employee. Repeated delay in paying earned wages may violate wage-payment legislation, the contract and other applicable employment protections. The appropriate forum depends on the province, establishment and whether the claimant qualifies as a worker under labour law or is a managerial or professional employee.

Confirm which law governs

Pakistan has provincial and federal employment regimes rather than one universal labour court for every salary dispute. Punjab, Sindh, KP and Balochistan legislation may use different definitions and procedures. A government employee may have a service or tribunal route distinct from a private-sector workman. Determine the real employer, work location, appointment terms and statutory status before commencing proceedings.

Identify the actual unpaid months

Prepare a month-by-month ledger recording contractual salary, deductions, allowances and amounts received. Include bank statements and payslips rather than relying solely on recollection. Where payroll includes reimbursable business expenses or discretionary bonuses, distinguish them from fixed earned salary. A precise calculation helps a court or authority determine what is owed and prevents an employer from obscuring arrears with unrelated accounting entries.

Keep proof of the employment relationship

Preserve the offer, appointment letter, employment card, salary slips, attendance records, performance documents and instructions showing services performed. Some workers do not receive complete appointment records despite statutory obligations. In those cases, contemporaneous bank credits, workplace messages and colleague testimony may help establish employment and remuneration. The claimant should not create backdated documents or inflate agreed wages.

Payment of Wages legislation

The relevant Payment of Wages Act and provincial adaptations regulate the timing of wage payments and deductions for covered establishments and employees. The current jurisdictional legislation and statutory limits must be confirmed. A claim before the prescribed authority may provide relief for unlawful deductions or delayed wages, subject to eligibility, procedure and limitation. This mechanism should not be assumed available to every company director or independent consultant.

Outstanding contractual salary

Where a managerial employee is outside labour-law coverage, the claim may principally arise from contract. The employee can consider a demand and a civil recovery proceeding in a competent court, subject to the employment agreement and other statutory provisions. A written appointment is useful, but work actually performed and previous payment practices may help prove remuneration. Employment labels such as consultant or partner should be examined rather than accepted without analysis.

Can the employee stop attending work?

Nonpayment is serious, but leaving the workplace without notice can create additional contractual and disciplinary issues. The employee should examine rights concerning resignation, notice, suspension of services and any statutory protections before acting. A written reservation of rights and demand for overdue salary helps document the situation. If the employer's breach is fundamental, the consequences require specific legal analysis rather than an assumption that every obligation disappears immediately.

Written demand to the employer

Send a concise statement identifying each unpaid month, agreed salary, amounts received and total balance. Request a dated explanation and payment schedule. Avoid asserting that managers have committed theft simply because payroll is late; any criminal allegation requires separate ingredients. Keep acknowledgments and replies. A written admission of arrears can be commercially useful, though its precise effect on limitation and proof should be legally evaluated.

Company insolvency and payroll arrears

If the employer has ceased operations or entered winding-up or restructuring, employees may need to assert claims within the insolvency process. Priority, proofs of debt and statutory benefits are governed by applicable company and insolvency legislation. Sending a demand to a closed office may not protect rights in a formal liquidation. Obtain the entity's legal name, insolvency status, appointed officeholder and relevant notices before choosing an enforcement step.

Tax and social contributions

A payroll slip may show tax, provident fund or social security deductions. The employee should verify whether the deducted sums were actually handled lawfully. An alleged deduction does not necessarily reduce an unpaid wage claim unless the deduction is authorised and properly accounted for. Claims concerning provident fund or social insurance can have additional statutory routes separate from basic salary recovery.

Commission and performance bonuses

A sales worker may have a fixed base salary plus commission depending on completed transactions or collection. Whether the commission is earned requires examination of the incentive scheme, targets and cancellation provisions. A discretionary bonus differs from a contractually vested sum. The claim should separate these components so a dispute over bonus entitlement does not obscure the unpaid basic salary.

Government employment

A civil servant's salary dispute can engage applicable civil service rules, pay notifications, departmental representation and tribunal jurisdiction. Article 212 of the Constitution may limit ordinary civil or constitutional routes in qualifying service matters. An employee should identify the appointing authority and service status. A schoolteacher or department clerk may not pursue the same forum as a worker in a private factory.

A factory wage example

A factory employee earns Rs. 65,000 monthly and receives no salary for July, August and September. Attendance records and company messages confirm regular duties. The employee should claim the actual Rs. 195,000 salary balance subject to any lawful payments and deductions, use the appropriate provincial wage procedure and preserve limitation. An employer's statement that sales were low is not automatically a defence to payment of earned wages.

An executive salary example

A private company's chief financial officer claims three months of agreed remuneration after relations deteriorate with the board. The company alleges the officer was an independent consultant. The dispute may require analysis of the engagement agreement, control, invoices, payroll practice and employee classification. The correct court and remedy should follow the legal relationship rather than a title selected by one party after the dispute begins.

Evidence of inability to pay

A company may genuinely lack liquidity, but commercial hardship does not automatically extinguish accrued contractual wage debts. If it proposes instalments, obtain a written acknowledgment specifying exact amounts and dates. A settlement should not require the employee to waive statutory rights unknowingly. Where insolvency seems likely, identify available corporate assets and the proper legal recovery structure rather than relying indefinitely on informal promises.

Limitation and prompt action

Wage claims and ordinary contractual claims can have different limitation provisions and procedural prerequisites. Repeated informal reminders do not necessarily preserve every deadline. Calculate the period from each payment due date where relevant and seek timely relief. Preserve documents before employee access is disabled. If other affected workers share the same issue, collective representation may be possible within the applicable labour framework.

Opinion and recommended course

Three months of unpaid earned salary can support a statutory wage complaint or contractual recovery claim. The correct route depends on employee classification and provincial law. Reconcile the exact salary balance, send a formal demand and pursue the competent authority or court within time. Do not assume resignation, employer insolvency or an unpaid bonus creates the same legal outcome in every case.

Principal authorities: Applicable provincial or federal Payment of Wages legislation; Industrial and Commercial Employment (Standing Orders) legislation where relevant; Contract Act, 1872; applicable civil service and tribunal laws; Code of Civil Procedure, 1908 and Limitation Act, 1908.