Format for Sending Legal Notice to the Employer for nonpayment of salary

Format for Sending Legal Notice to the Employer for nonpayment of salary

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Format for Sending Legal Notice to the Employer for nonpayment of salary
Format for Sending Legal Notice to the Employer for nonpayment of salary

Delayed payment or nonpayment of salary is the most common problem of many employees these days. This problem increases when the company is going through tough times say for any financial or debt crisis. Even at the time of firing any employee it is common phenomena that employer did not make the full and final payment of all the dues of an employee. But the employee has every right to receive his/her salary against the work performed. They are deprived of this right because they think that employee’s have no options or the resources to proceed a case against an employer.By the end of this write up you would be able to know that how to send a legal notice to the employer for nonpayment or delayed payment of the salary.

The rights of the employees and workers are provided under the Payment of Wages Act, 1936. Moreover with the enactment of Insolvency and Bankruptcy Code, 2016 (Code) now employees in the capacity of operational creditors can initiate insolvency proceedings against the employer company. As per the provisions of the Code the employees whose salary is overdue by rupees one lakh or more can send a notice to the employer for payment of the due salary, if the employer does not make payment within 10 days of sending of NOTICE then the employee under section 9 of the Code can imitate insolvency resolution proceeding against the employer company in front of National Company Law Tribunal. If the tribunal admits the Application then the Board of Director of such Company will be suspended and 180 days time limit is given to the company for insolvency resolution.

If the company does not come upwith a viable resolution plan than the company will be liquidated. So it is now not that easy to evade the salary of the employees of a company. The employees are just need to be aware about such recent legal reforms empowering them to recover their due salary from their employer for which they are legally entitled.

But most of the cases are settled out of the Court by sending just a Legal Notice to the Employer mentioning cum demanding unpaid salary. The Advocates have adequate knowledge of the law and requisite professional drafting skills to prepare and send a Legal Notice for the recovery of the outstanding Salary of the employees or full and final payment in case the employee has left the organization.

Documents required forsending a Legal Notice to the Employer for non payment of Salary-

  • Copy of Employment Contract/Agreement
  • Bank Statement/ Proof of unpaid salary and past salary received
  • Appointment Letter/ Email Conversation
  • Other benefits and allowances allowed or entitled for

Procedure to be followed-

  • Find and hire a well approved legal attorney/lawyer having experience in dealing with employment issues and matters relating to labor laws.
  • Get a legal notice prepared through him specifying details of employment terms and duration for which salary was not paid.
  • Give a second look to the legal notice prepared, to assure accuracy and affirmation of all facts and figures stated.
  • After all legal attestations and approvals, send the notice to the employer through registered post.

Alternatives available with the Employee to recover the due Salary-

  • Go for Arbitration and Mediation
  • Approach the District Labor Commissioner and seek his assistance
  • File a Civil Law suit for recovery of the Salary
  • File a Complaint before the District Labor Court under the Industrial Disputes Act, 1947.
  • Follow the procedure envisaged under the Insolvency and Bankruptcy Code, 2016 ( in cases of a company employer)

Format for Sending Legal Notice to the Employer for nonpayment of salary-

Legal Notice to a company for non-payment of salary and other interest and allowances

To,                                                                                                                                          Date:

XYZ. Company Private Limited

Through its Managing Director

Mr. ABC

Sir,

Under instruction and on behalf of my client Ms. A, Resident House No. 3/96, Gomti Nagar, I do hereby serve you with the following notice:-

  1. That my client was appointed by your offer letter dated 20th November 2014 and the salary of my client was fixed at Rs. 25000 /- per month with respect to your offer letter dated 20th November 2014. But my client joined her duty on 20th December 2014 with you.
  2. That my client did her duty diligently, regularly and with utmost punctuality and sincerity, and with full devotion by doing manual job with her own hands in accordance with the well-settled provisions of the law. You issued the offer letter in the name of my client and got printed the visiting cards also in the name of my client along with the Identity Card.
  3.  That on 4th October, 2015 when my client went to attend her duty then your office abruptly refused to allow to my client to attend her duty and told that services of my client are no more required by your office and thus the services of my client have been terminated by you in a most illegal and unlawful manner without any reasonable rhyme and cause. At the time of termination of the services of my client, you did not pay the salary for the month of August and 15 days salary for the month of September which comes to Rs. 37,500/- to my said client.
  4.  That my client visited your office from 9 a.m. to 4 p.m. from time to time and spent a huge amount of Rs. 4500/- on the charges of traveling but you refused to pay and also the amount of Rs. 10,000- my client spend while doing field work for your company. Lastly on 7th December, 2015 you clearly refused to pay the salary amount of Rs. 37500/- to my client along with traveling charges and amount spend on field work.
  5. That you did not provide me statutory benefits i.e. Providential Fund. etc. You also did not pay amount of bonus and other service benefits which totally comes to Rs. 28000/-

I, therefore, call upon you through this Notice, to make the payment of the Rs. 80,000/- to my client along with interest up to date, under intimation to me, within the period of 15 days, failing which my client has given clear instructions to me to file criminal as well as civil suit and Suit for Recovery 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 and further necessary action and you are also advised to keep the copy safe as you would be asked to produce in the court.

Advocate

IF YOU WANT TO SEND THE LEGAL NOTICE, THEN CONTACT THE BEST LEGAL EXPERTS OF INDIA HERE

IF YOU HAVE RECEIVED THE LEGAL NOTICE AND WANT TO REPLY THEN CLICK HERE

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