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Non Payment of Salary

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Legal Notice For Non Payment of Salary

In this modern world and in competitive market, day by day litigation matters are increasing. Either it’s any company, individual or firms; nobody is untouched by the litigation. Some enter into litigation directly without serving any notice to the opponent but few prefer to serve legal notice. There are certain legislations where it is mandatory to serve a legal notice before enter into litigation.

For ex- in the matter of Cheque bounce, it is must to send Legal notice to the party in dispute before matter take into the court.

A Legal Notice is a notice which indicates the opponent upon serving that legal action can be initiated in the court upon non-fulfillment of demand.

Time Frame for Filing of Legal Notice with LawyerINC:

2-3 Business Days

We usually take 2-3 days for filing of legal notice. Once you will avail our services, our legal experts will contact you to take all the details of the matter and will draft accordingly. We will mail you for scrutiny of the notice and can do alterations if there will be requirements, before serving it to the other party.

Importance of Legal Notice

  • Before filing matter in a court, as it’s a very lengthy process, we should always think for settlement before trial. Court process is always very expensive and lengthy.
  • Aggrieved party can show their intention by serving Legal notice to the other party about grievances.
  • Legal notice clearly informs the party about the consequences if they failed to act accordingly.
  • Legal Notice acts as a warning for opponent party..
  • Legal notice can be helpful in getting the desired result, as it helps to bring a mutual understanding between the two parties.
  • Legal Notice serving charges is not very expensive.
  • It shows intention of the party and acts as proof that they tried to settle peacefully by sending legal notice.

Legal Notice in the matter of Non-Payment of Salary

It is the duty of employer to pay salary timely to their employees. But nowadays Non-payment of salary is one of the most common problems faced by an employee during the course their employment. These things usually happens when the employee is about to resign or if employer fired any employee, so under these circumstances, the employee usually feels helpless.

The aggrieved employee can send Legal Notice for payment to employer in this situation.

There are several legal processes that are available for employee to recover salary or wages. But we strongly recommend for sending a good legal notice drafted by a credible lawyer who has sound knowledge regarding the subject matter as its cost saving, time saving from the lengthy process of court, and hope to get immediate relief. The advantage of sending a legal notice is that your employer might clear all your dues and you don’t need to go to the court.

Laws related to Non-Payment of Salary

India has a complete law related to the payment of salary known as payment of Wages Act. It applies on daily or low wage labourers.

Legal notice to company for salary can be sent only by the aggrieved employee.

Labourer has right to send a legal notice to company for full and final settlement.

Payment of wages Act, deals with this.

Remedies available for an employee in case of non-payment of salary

  • If an employer doesn’t pay salary, employee can approach to the labour commissioner. They will try to reconcile the matter and if not sorted out, then matter will go to the court .
  • Under Industrial dispute Act, 1947, an employee can file a suit for recovery of money due from an employer within 1 year of time frame from which the salary is due.
  • Within 3 months, labour court has to decide such cases.
  • If an employee is a manager of the company or at any other post above the executive level, then he may also file a suit in the civil court in accordance with the provisions of Civil Procedure Code, 1908. But the employee should not resort to this remedy at first, he shall take into consideration the other methods of dispute resolution. Civil court litigation may take longer to resolve the dispute.

Documents which are required for initiation of action against employer-

  • Copy of employment contract is required to initiate any action
  • Detail of bank account showing as an evidence in case of non-payment of salary.

Frequently Asked Questions

  • 1. Can I send Legal Notice, if my employer denied paying my pending salary as I am no longer working there?

    Yes, you can send Legal Notice to the employer for Non-payment of salary.

  • 2. Can I file suit against the person, if employer didn’t pay even after sending of notice?

    Yes, if employer didn’t pay the salary even after serving of legal notice, then you can make an application to the Labour Commission of your District, who shall try to settle the matter. But If the dispute still not get settled before the Labour Commission then the employee shall file an application before the Labour Court according to the Industrial Dispute Act, 1947. And if an employee is at higher post of the company, then civil suit can be filed.

  • 3. How much time labour court shall take to dispose off the case?

    It shall not be more than 3 months.

  • 4. Is there any time limit for filing the matter in Labour Court??

    Yes, such an application shall be made within one year from the date on which the salary has become due.

  • 5. How much time you will take to serve notice to my employer?

    We will take 2-3 days to serve notice to your employer and incase if its emergency, we at LawyerINC, can provide quick service.

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