Legal Notice For Non-Payment Of Salary With Format

A legal notice is nothing but an initial stage from where a legal proceeding begins. It is for the people whose legal rights violated by the opposite party. It is a way of informing organizations and individuals about grievances without going to court. 

The Legal Notice is served by the plaintiff to the defendant, which contains all the complaints and facts of the matter, as stated by the plaintiff. It gives a complete idea to the defendant/opposite party about the allegations and chances to sort out the matter without going to court. A legal notice is filed according to Section 80 of the Code of Civil Procedure, 1908, and is only filed in civil cases. A legal notice should always send through a lawyer, and complete details need to be mentioned in that as its basis for any further legal proceeding.

Non-Payment Of Salary To Employee And Legal Remedies

As we all are aware of the scenario of India and people working there for daily wages, some are working with big MNC, and some are working with startup companies or under contracts. The situation of non – payment of salary of the employees, which means not being paid for the work they are putting efforts for, this situation usually arises with startup companies, where they usually make excuses so that they don’t have to pay to their employees. These things also occur when an employee is about to resign or if an employer fired an employee, so in these kinds of situations, the employee usually feels helpless.

In India, there are very few employees who are aware of their legal rights that if they are not paid off for their work, they can sue and take the company to court for non-payment of salary, which is especially prevalent when firing their employees. The employers carry a whim that the employees are not aware of their rights, and they don’t have legal knowledge or any support by which they can go against them and file a case against their employer.

However, the reality is that there are multiple things an employee can do, and for this to protect the employee’s rights, there are various legal remedies that exist to avow the unpaid salary with interest.    An employee can send Legal Notice for Non-payment of salary. It is the most common step which any employee takes before going to the court to avoid a lengthy and complicated process of the court.

Legal Remedies For Non-Payment Of Salary

These are the legal remedies available in India against Non-Payment of salary to an employee by employers:

• India has a law related to the payment of salary known as the Payment of Wages Act. It applies to low or daily wage labourers.
• An aggrieved employee can send a Legal notice to the company for non -payment. Labourer also has the right to send a legal notice to the company for full and final settlement.
• If an employer refuses to pay a salary, then an employee can approach to the labor commissioner. They will preferably try to reconcile the matter, but in case, if failed to sort out, then will proceed further.
• According to the Industrial dispute Act, 1947, an employee can file a suit for recovery of money due from an employer within one year of time frame from which the salary is due.
• Section 33C of the Act deals with the recovery of money that is due to be paid by the employer to the employee. In case any employee who has not received their salary or someone authorized by the employee, or legal heir in case of the deceased employee can file an application for payment of salary in the court.
• Labour court has to decide such a case Within three months.
• If an employee is a manager of the company or at any other higher post,  then a suit can be filed in the civil court in accordance with the provisions of the Civil Procedure Code, 1908. But the employee should not consider this remedy. First, he shall look for other methods of dispute resolution. Civil court litigation may take longer to resolve the dispute.
• Section 21 of the Contract Labour (Regulation and Abolition )Act 1970 talks about responsibility for payment of wages. According to this Act, a contractor shall be liable to all workers employed under them as contract labor and wages shall be paid to all the employees before the expiry of the period may be prescribed.

What Documents Are Necessary To Serve A Legal Notice For Non-Payment Of Salary?

A legal can be served by an expert, a lawyer, or an agent as per law and wording as required for the particular issue. Format of Legal Notice must contain some of the following points:

• Name and important information
• Place of residence of the notice sender
• Aspects of the effect
• The monetary relief claimed by the sender of the Notice
• The root of the legal basis for the relief claimed

Documents which are necessary for serving a Legal Notice to an employer are:

• Appointment letter
• Details of all additional benefits and perks
• Copy of employment contract
• Copy of bank statement as evidence for non-payment of salary.

Format Of A Legal Notice For Non-Payment Of Salary

To,                                                                                                    Date:

…………………..Private Limited

Through its director 

Mr. …………………………………

Sir,

Under instruction and behalf of my client ……………, who is  Resident of ……………………. I do hereby serve you with the legal Notice:-

1. That You the Noticee, appointed my client on…………. Via mail by providing an offer letter dated…………………….. as ………………and the salary of my client was fixed at Rs. 30000/- per month. And my client joined your office on ……………. 
2. That my client is a very hardworking employee and did her duty diligently, and with utmost punctuality and sincerity, she had built a good reputation in your esteemed organization. My client was fully devoted to her duty. You, the Noticee, issued an offer letter(hard copy) in the name of my client and also got printed the visiting cards in my client name.  
3.  That suddenly on ………………..when my client went to the office,  then you the Noticee , abruptly refused to allow my client to attend her duty and you, the Noticee, without any hesitation told my client that she is no more required in the office. You, the Noticee had terminated her without any reasonable reasons or in a totally illegal way. You, the Noticee had not even fulfilled the conditions as per the employment contract. According to the Contract, you, the Noticee, are supposed to give a month notice period before the termination of the services of my client.  
4. During termination of the services of my client, you the Noticee, did not pay the salary for the month of………………and as per the employment contract, one extra month salary also needs to be paid to my client.
5.  That my client visited your office from time to time for payment and even called you many times but You, the Noticee refused to pay and also the amount of Rs. ……………….. pending which my client spent while doing fieldwork for your company. 
6. That you the Noticee , are unnecessarily harassing my client by not paying salary, and the same is a punishable office. My client is totally disturbed by your behavior. You, the Noticee, also did not provide my statutory client benefits i.e., Providential Fund. etc. You, the Noticee, also did not pay amount of bonus and other service benefits, which totally comes to Rs. …………/-
7. I, therefore, call you through this Notice, to make the payment of the Rs. …………………/- to my client along with interest, within the period of 15 days, failing which my client has given clear instructions to take appropriate legal action against you in the competent court of law and in that event, you will be fully responsible for all costs, risks, responsibilities, expenses, and consequences thereof. Please note well. 

A copy of this Notice is kept in my office for record 

Advocate Signature

Conclusion