Table of Contents
The survival of a person depends upon the salary. When the employer does not pay the employee their salary, it causes distress and instability in life. And the employee has the right to question it. In such situations, sending a legal notice for non-payment of salary becomes an effective step. It formally informs the employer about the default and demands payment within a fixed time. Many disputes get resolved at this stage itself, without going to court.
In this blog, we will discuss how you can send your employer a legal notice for non-payment of salary and what the steps and process are to be taken.
What is legal Notice for non payment of salary?
A legal notice for non-payment of salary is a formal written communication sent by an employee to their employer. It states the issue of salary not being paid. The notice demands payment of the pending amount within a specified time. This notice is usually drafted by an advocate and sent through legally recognised modes. It includes details of employment, the salary period due, and the total amount unpaid. Sending a legal notice for salary creates a legal record and warns the empoyer of further action if the issue is not resolved.
In many cases, employers clear the dues after receiving such a notice to avoid legal trouble.
Is Non-Payment of Salary a Criminal Offence?
No, non-payment of salary is not always treated as a criminal offence. In most cases, it falls under labour or civil law. However, there are situations where criminal liability can arise.
If an employer deliberately withholds salary, makes false promises, or acts dishonestly, the employee may file a criminal complaint for cheating or breach of trust. These complaints are usually made under the Bhartiya Nyaya Sanhita, 2023.
If the salary was paid through a cheque that bounced and the employer failed to correct it, action can also be taken under the Negotiable Instruments Act,1881. This is why sending a legal notice to the company for not paying salary is important. It documents the delay and the employer’s conduct.
What to do if a company is not giving salary?
If a company is not paying your salary, the first step is to try solving the matter internally. You might start with the given steps and then move accordingly:
- Send a written email to HR or your reporting manager.
- Keep the communication polite and clear.
- Always save copies of emails or messages, as they may be useful later.
- If internal follow-ups do not work, gather your documents.
- After this, send a legal notice for non-payment of salary through an advocate.
- This formally demands payment and puts the employer on legal notice.
- If the employer still does not pay, you can approach the labour department or file a legal case based on your salary structure and employment type.
What legal actions can I take against a company for non payment in India?
In many cases, unpaid salary is treated as a breach of contract. This gives the employee the right to recover money through civil proceedings. Order 37 of the Civil Procedure Code provides a fast-track remedy for recovery of money. Once the suit is filed, the employer gets limited time to respond. If they fail to appear or defend properly, the court may decide the case in favour of the employee.
If the employer issued a cheque for salary that was dishonoured, the employee can take action under Section 138 of the Negotiable Instruments Act. Before filing the case, the employee must send a legal notice to the company for not paying the salary through a bounced cheque. If payment is still not made, criminal proceedings can follow.
Do I Need Documents to Send a Legal Notice for Non-Payment of Salary?
Yes, documents strengthen your claim. You do not need a large file, but basic proof is important. Commonly required documents include:
- The offer letter or appointment letter.
- An employment agreement, if available.
- Salary slips
- Bank statements
- Attendance records are strong evidence.
- Emails or messages confirming salary structure.
Your advocate will review these documents before drafting the legal notice.
How to Send a Legal Notice to a Company for Not Paying My Salary?
Sending a legal notice through eDrafter is simple and fully online. All you need to do is follow a few steps:
- You begin by visiting eDrafter and selecting the legal notice service from the main menu.
- After that, you share basic details about your employment and the salary issue.
- Based on this information, you are connected with an advocate.
- You provide all relevant details and documents.
- The advocate prepares a legal notice for non payment of salary based on applicable labour laws.
- You get the draft for review.
- If changes are needed, they are made.
- Once approved, the notice is sent to the employer through legally recognised modes.
What is the Labour Law for Salary Delay in India?
Labour law for salary delay in India clearly protects employees. The Payment of Wages Act, 1936, requires employers to pay wages within a fixed time period. For most establishments, salary must be paid before the 7th or 10th day of the next month. State Shops and Establishments Acts also regulate salary payments. These laws apply to offices, shops, and commercial establishments. Delayed wages or unlawful deductions are considered violations.
If an employer fails to follow these laws, the employee has the right to send a legal notice for salary and approach the labour authorities.
What is the punishment for not paying a salary?
The punishment for not paying a salary depends on the law applied and the facts of the case. Under the Payment of Wages Act, 1936, employers who delay or withhold wages may face monetary penalties. Labour authorities can also direct the employer to pay the pending salary, along with compensation.
If non-payment involves dishonesty, bounced cheques, or fraud, criminal provisions may apply. In such cases, the employer may face prosecution, fines, or even imprisonment under applicable laws. This is why ignoring a legal notice for non-payment of salary can have serious legal consequences for an employer.
Conclusion
Most of the employees are unaware of their rights. Indian law provides multiple remedies to recover unpaid wages. Sending a legal notice for non-payment of salary is often the first and most effective step. It creates a formal record and puts pressure on the employer to act. In many cases, matters are resolved without lengthy court proceedings. Taking timely legal action helps protect your financial and legal rights.
Frequently Asked Questions
Can I send a legal notice if my salary is delayed for one month?
Yes. Even a single month of unpaid salary can be questioned through a legal notice, especially if delays are habitual.
Is a legal notice mandatory before filing a case for unpaid salary?
It is not mandatory in every case, but it is strongly recommended. Courts often view it as a fair first step.
Can contractual employees send a legal notice for non payment of salary?
Yes. Contractual and private employees can also send a legal notice if salary terms are violated.
How long does an employer get to respond to a salary legal notice?
Usually, 15 to 30 days are given to respond or clear the dues.
Suhani Sugandha – Legal Intern & Content Writer
Suhani is a legal content writer and researcher studying at the National University of Study and Research in Law, Ranchi. Specializing in simplifying complex legal concepts, Suhani creates clear, engaging, and well-researched content, including legal blogs, case analyses, research articles, and policy reviews. Passionate about making legal information accessible to all, Suhani bridges the gap between law and the public through informative and insightful writing. With a keen eye for detail and a strong legal foundation, She ensures accuracy and clarity in every piece, helping individuals and businesses navigate legal matters with confidence.