Threat of legal action and non payment of salary

556 votes

Subject: Response to Non-Payment of Salary and Threats of Legal Action Dear [CEO’s Name], I acknowledge receipt of your recent communication dated [insert date], and I find it necessary to address several points in a professional and legal manner. Firstly, the non-payment of my last month’s salary constitutes a violation of the Payment of Wages Act, 1936, which mandates timely payment to employees, regardless of unresolved issues. Your withholding of wages is illegal. Secondly, threatening legal action for discussing the salary delay with a third party, such as my friend, is unjustified, as such communication does not amount to defamation or misconduct. This may be construed as intimidation and harassment under Sections 503 and 506 of the Indian Penal Code (IPC). Thirdly, removing my access to the company’s GitHub repository without prior notice raises concerns of retaliation, potentially impairing my ability to complete ongoing tasks and opening the possibility of scrutiny for wrongful termination. Fourthly, your demand to submit pending work within three days, under threat of withholding my salary, is coercive and violates employment laws, as wages cannot be withheld for work already performed. Therefore, I kindly request that you release my salary within 7 days of this email. If not, I will have no option but to file a formal complaint with the Labour Commissioner for non-payment of wages, initiate legal proceedings under Sections 406, 503, and 506 IPC, and potentially seek damages for wrongful termination and harassment. I expect all future communication to remain professional and lawful. Yours sincerely, [Your Name] Advocate Next, you should follow up legally by filing a labour complaint with the Labour Commissioner if the salary is not released. You may also consider sending a formal legal notice through an advocate, demanding the immediate release of wages, and file an FIR under Sections 503 and 506 IPC for criminal intimidation and harassment. These steps should compel the CEO to act within the legal boundaries.

Advocate Muzammil Shaikh LawRato

874 votes

Well, you would have tried to complete your work within a timelimit of 3 Days, but, if would not have got completed, then, come up with a strong concrete reason (fact) which you can justify to take your Salary In Hand as soon as possible. I can assist you in this legally.

Advocate Pankaj Bajaj LawRato