This article is published by The Legal Warning India and written by Advocate Uday Singh.
Legal Notice for Non-Payment of Salary in India: What Employees Can Do
Salary not credited on time? You are not alone. Non-payment or delayed payment of salary is one of the most common workplace disputes in India. Many employees keep waiting silently, hoping the employer will resolve the issue — but legally, this delay can cost you your rights.
This article explains how to send a legal notice for non-payment of salary, what happens if the employer ignores it, and what legal remedies are available.
Information is based on news reports and publicly available sources.
What Is Non-Payment of Salary?
Non-payment of salary includes:
- Salary not paid after resignation or termination
- Partial salary payment
- Delayed salary for months
- Withholding of last working month salary
Under Indian labour laws, salary is a legal right, not a favour.
Which Laws Protect Employees in Salary Disputes?
- Payment of Wages Act, 1936
- Industrial Disputes Act, 1947
- Shops and Establishments Act (State-specific)
- Indian Contract Act, 1872
Even senior executives and private company employees can take action through contract law.
Why Sending a Legal Notice Is Important
A legal notice is the first formal step before court action. It:
- Creates official legal pressure
- Acts as written evidence
- Often results in quick settlement
- Prepares ground for labour court or civil case
Many companies clear dues immediately after receiving a properly drafted advocate notice.
What Happens If Employer Ignores the Legal Notice?
If the employer does not reply or refuses payment:
- Labour complaint can be filed
- Labour Court / Industrial Tribunal case
- Recovery application for unpaid wages
- Civil suit for breach of contract
Ignoring the notice weakens the employer’s position legally.
Step-by-Step: What You Should Do Next
- Collect appointment letter, salary slips, emails
- Draft a strong legal notice through an advocate
- Send notice via email + registered post
- Wait for reply (usually 7–15 days)
- Proceed with legal action if required
Related Legal Help You May Need
- Reply to legal notice ignore consequences
- Employee Termination Legal Rights
- PF ESI not deposited by Employer guidance
Frequently Asked Questions (FAQs)
Can I send a legal notice without resigning?
Yes. Legal notice can be sent even during employment.
Is advocate mandatory for salary notice?
Legally no, but advocate-drafted notices carry more weight.
How long does salary recovery take?
It depends on employer response and legal forum.
Need Immediate Legal Assistance?
If your salary is pending and the employer is not responding, timely legal action matters.
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.
