Don’t Wait for Your Salary: A Guide to Sending a Legal Notice for Release of Salary

Legal notice is a formal communication sent by a person or a legal entity to another person or entity to express their grievances and to demand a certain action.

In the context of salary disputes, a legal notice can be sent by an employee to their employer if their salary is withheld or not paid on time. In this article, we will discuss how to send a perfect legal notice for release of salary in India.

1. Understanding the legal provisions:

Before sending a legal notice, it is important to understand the legal provisions that govern the payment of salaries in India.

According to the Payment of Wages Act, 1936, an employer is required to pay wages to their employees on time and without any deductions, except those authorized by law.

If an employer fails to pay the wages due to an employee, the employee can approach the Labour Court or file a civil suit for recovery of their dues.

2. Drafting the legal notice:

The legal notice should be drafted in a clear and concise language, stating the facts of the case, the relief sought, and the legal provisions under which the relief is claimed.

The following points should be kept in mind while drafting a legal notice for release of salary:

a. The legal notice should be addressed to the employer and should contain their full name and address.

b. The notice should state the date on which the employee’s salary was due, and the amount that is outstanding.

c. The notice should mention the legal provisions that have been violated by the employer, such as the Payment of Wages Act, 1936.

d. The notice should demand the release of the outstanding salary within a reasonable period, such as 15 days from the receipt of the notice.

e. The notice should state that in case the employer fails to comply with the demand, the employee will be forced to initiate legal proceedings against them.

f. The notice should be signed by the employee or their legal representative.

3. Serving the legal notice:

The legal notice should be sent by registered post with acknowledgement due, or by courier or email, to the employer’s address mentioned in the notice.

The employee should keep a copy of the notice and the proof of service for their records.

4. Follow-up action:

If the employer fails to respond to the legal notice or does not comply with the demand within the specified period, the employee can approach the Labour Court or file a civil suit for recovery of their dues.

The employee can also file a complaint with the Labour Commissioner or the appropriate authority under the Payment of Wages Act, 1936.

FAQs:

1. Can I send a legal notice to my employer if my salary is delayed by a few days?

Yes, you can send a legal notice to your employer if your salary is delayed beyond the due date, even if it is delayed by a few days.

2. Can I file a complaint with the Labour Commissioner without sending a legal notice?

No, you are required to send a legal notice to your employer before filing a complaint with the Labour Commissioner or approaching the Labour Court.

3. What is the time limit for filing a complaint under the Payment of Wages Act, 1936?

You can file a complaint under the Payment of Wages Act, 1936, within one year from the date on which the wages became due.

4. Can I claim interest on the delayed salary?

Yes, you can claim interest on the delayed salary at the rate prescribed by law, which is currently 12% per annum.

5. Can I seek legal assistance in drafting and sending the legal notice?

Yes, you can seek legal assistance from a lawyer in drafting and sending the legal notice. A lawyer can help you understand the legal provisions and draft the notice in a legally sound manner.