Are you facing an issue of non-payment of salary? Have your legal notice drafted or get wise advice from experienced lawyers across India in easy steps with LawRato.
A legal notice is the first step towards resolving the issue of salary non-payment. It is for employees whose legal rights are violated by the act of non-payment of salary. It is a way of informing organizations and individuals about grievances without going to court.
In most cases, such notice easily resolves the matter. However, things may go south if aspects like style and tone of the language are negative or non-cooperative or the facts and grievances are not mentioned aptly.
The Legal Notice gives the defendant/opposite party a complete idea of the allegations and the chance to sort out the matter without going to court. A legal notice is filed according to Section 80 of the Code of Civil Procedure, 1908, and is only filed in civil cases. It contains all the complaints and facts of the matter, as stated by the plaintiff and is used to inform the opposite party about the grievances or rising issues. It is only then can the parties resolve the dispute even before going to court.
A legal notice should always be sent through a lawyer, and complete details need to be mentioned in that as its basis for any further legal proceedings. A Lawyer can not only help you in drafting a legal notice that increases the chance of resolving the issue, but he/ she can also advise you about the right steps to resolve your problem.
The legal notice for non-payment of salary must contain the following:
The legal notice must be drafted in the letterhead of an advocate which is to be specific and proper.
It should contain addresses and contact details of the advocate.
The date on which the legal notice is issued including the name, address, and contact details of the person to whom the legal notice is issued is to be stated.
Since the legal notice for recovery of money is going from the client’s end, the name and details of the client should be mentioned.
It should be made clear in the notice as to how your right has been infringed due to the act or omission by the opposite party and for that what you want from him. A specific direction must be given to the opposite party along with a time limit.
The notice must be signed (with date) by the advocate and the sender.
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:-
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.
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.
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.
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.
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
Documents required while drafting or executing a legal notice for non-payment of salary have been mentioned below:
Appointment letter
Details of all additional benefits and perks
Copy of employment contract
You may not have all the required documents. In such a case, you must seek advice from an experienced civil lawyer in your own city.
It is important to find and hire a well-approved legal attorney/lawyer having experience in dealing with employment issues and matters relating to labour laws. Which you can find at The 10 Best Labour & Service Lawyers (lawrato.com). Get a legal notice prepared through him specifying details of employment terms and duration for which salary was not paid. Give a second look at 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.
There is a limitation period of 3 years within which you must send the notice and file the recovery suit, if any, for the recovery of money owed to you. However, if there is an acknowledgement of the debt owed to you, then the limitation period will restart. The legal notice serves the purpose of giving a reasonable time to the person who owes you money to make a payment. The notice also acts as valid proof before a Court of Law that a certain amount is owed to you.
Since, a legal notice is the first step towards recovery litigation, it is highly recommended that you hire a recovery lawyer. A lawyer has the requisite expertise and knowledge to draft such legal notices. He/she will be able to accumulate important information for the client and draft the notice accordingly. He/she will ensure that you are on the right path in attaining justice. A lawyer can manage all legal paperwork effectively. Therefore, hiring an expert recovery lawyer is of prime importance in order to ensure that your legal notice for recovery is sent correctly, keeping in mind the possible litigation that may ensue.
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