Legal Notice for Non-Payment of Salary in India
Learn how to issue a legal notice for unpaid salary, applicable laws, required documents, and further legal remedies.
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Overview of Legal Notice for Non-Payment of Salary
A legal notice is a formal warning sent to an employer for failing to pay salary, indicating the employee's intent to initiate legal proceedings. It outlines the grievance, relevant legal obligations, and a specified timeframe for resolution. Issued under Section 80 of the Code of Civil Procedure, 1908, it acts as a pre-litigation tool to encourage settlement and prevent unnecessary litigation.
Reliefs That Can Be Claimed
An employee may claim: ● The total unpaid salary due ● Interest on the delayed salary payment, if applicable
Governing Laws for Salary Payment in India
● Contract Labour (Regulation and Abolition) Act: Makes contractors and principal employers liable for salary payment. ● Shops and Establishment Act, 1953: Mandates double wages for overtime and penalties for delayed salary. ● Minimum Wages Act, 1948 and Payment of Wages Act, 1936: Ensure timely salary and lawful deductions. ● Industrial Disputes Act: Section 33C provides a legal mechanism to claim unpaid wages.
Why Send a Legal Notice?
● Provides a formal channel to address salary delays ● Serves as legal proof of attempted resolution ● Encourages out-of-court settlement ● Offers a chance to recover dues without lengthy litigation
1. Documents Required
● Appointment letter
● Employment contract
● Bank statements showing salary non-payment
● Details of perks or benefits offered during employment
Procedure for Sending a Legal Notice
1. Hire an experienced employment lawyer, such as those at dostartup
2. Share complete information and documentation
3. Advocate drafts the legal notice covering facts, claims, and legal obligations
4. Review and approve the draft
5. Dispatch the notice via registered post or courier with acknowledgment
What a Legal Notice Should Include
● Advocate’s letterhead and contact info
● Date of issuance
● Employer and employee details
● Summary of the grievance and violated rights
● Legal basis and remedy demanded
● Timeframe for resolution
● Signatures of both advocate and employee
Limitation Period
A recovery suit for unpaid salary must be filed within 3 years from the date the salary became due.
Why Choose Dostartup?
Dostartup offers specialized legal support for employment-related matters, including salary disputes.
Experienced in employment and labor law
Accurate legal notice drafting
Support for alternative legal remedies
Complete guidance through recovery and litigation process