This article is published by The Legal Warning India and written by Advocate Uday Singh.
Legal Notice for Non-Payment of Salary in India – Employee Rights & Legal Action
Non-payment or delay of salary is a serious violation of labour laws in India. Many employees silently suffer due to fear of job loss, but legally, salary is a statutory right. Sending a legal notice for non-payment of salary is often the fastest and most effective way to recover pending dues.
What Is a Legal Notice for Non-Payment of Salary?
A legal notice is a formal demand sent through an advocate to the employer, calling upon them to clear unpaid salary, arrears, incentives, or final settlement within a specific time period, failing which legal action may be initiated.
Common Situations Where Salary Is Not Paid
- Employer delaying monthly salary without reason
- Salary withheld after resignation or termination
- Non-payment of incentives, bonuses, or overtime
- Final settlement not released after exit
- Company citing financial loss as excuse
Is Non-Payment of Salary Illegal?
Yes. Non-payment or unjustified delay in salary violates:
- Payment of Wages Act, 1936
- Industrial Disputes Act, 1947
- Shops and Establishments Act (State-wise)
An employer cannot withhold salary for work already performed.
Is Sending a Legal Notice Mandatory?
While not legally mandatory in every case, sending a legal notice is highly recommended. It creates written proof of demand and often results in settlement without approaching labour court or authority.
What Happens If Employer Ignores the Legal Notice?
- Labour complaint can be filed before Labour Commissioner
- Case may be filed before Labour Court / Industrial Tribunal
- Employer’s silence can be used against them legally
Common Mistakes Employees Make
- Sending emails instead of formal legal notice
- Accepting false assurances from HR
- Not keeping appointment letters or salary slips
- Missing limitation period for claims
Improper handling of salary disputes can weaken your claim. Legal drafting plays a crucial role.
Documents Required for Salary Recovery
- Appointment / Offer Letter
- Salary slips or bank statements
- Email or WhatsApp communication with HR
- Resignation or termination letter (if applicable)
Conclusion
A legal notice is often sufficient to compel employers to clear pending salary dues. It sends a strong legal message and preserves your rights for further action. Each case depends on employment terms, documents, and applicable labour laws.
Information is based on publicly available sources and labour law principles.
Disclaimer: This article is for general legal information and awareness purposes only. It does not constitute legal advice or solicitation. Communication is purely informational, in compliance with Bar Council of India Rule 36.
