Legal Notice In The Matter of Non-Payment of Salary

In India, the rate of legal awareness is not very high and not many untrustworthy managers and organizations deny the employees of their hard-earned money. In any case, these days Non-payment of salary is one of the most widely recognized issues looked by a representative during the course their work. In such a circumstance as opposed to feeling abused, the worker can send a legal notice for non-payment of salary.  There are sure enactments where it is compulsory to serve a legitimate notification before go into litigation. For ex-in the matter of Check skip, it is must to send Legal notification to the gathering in question before issue take into the court. A Legal Notice is a notification that shows the adversary after serving that lawful activity can be started in the court upon non-satisfaction of demand.We as a rule take 2-3 days for the recording of legal notice.

Importance of Legal Notice

• Before filing matter in a court, as it’s a very lengthy process, we should always think for settlement before trial. The court process is always very expensive and lengthy.
• The aggrieved party can show their intention by serving Legal notice to the other party about grievances.
• Legal notice clearly informs the party about the consequences if they failed to act accordingly.
• Legal Notice acts as a warning for the opponent party.
• Legal notice can be helpful in getting the desired result, as it helps to bring a mutual understanding between the two parties.
• Legal Notice serving charges is not very expensive.
• It shows the intention of the party and acts as proof that they tried to settle peacefully by sending a legal notice.

Acts governing the salary payment by organizations

1. CONTRACT LABOR (REGULATION AND ABOLITION) ACT

According to Section 21[1] of the Act, the contractual worker will be answerable for the installment of wages to every laborer utilized by him as provisional work and such wages will be paid before the expiry of such period as might be recommended.

If the temporary worker neglects to make installment of wages inside the recommended period, at that point the main business will be obligated to make installment of wages in full or the unpaid equalization that is because of the provisional work utilized by the contractual worker and recuperate the sum so paid from the temporary worker either by derivation from any sum payable to the contract based worker under any agreement or as an obligation payable by the contract based worker.

2. SHOPS AND ESTABLISHMENT ACT, 1953

Many states have their own enactment overseeing the direct of different shops and foundations inside their States. As indicated by the arrangements of the Model Act, “Where any specialist is required to deal with any day more than nine hours and forty-eight hours in seven days, he will be qualified for compensation at the pace of twice his customary pace of wages or such higher amount as may be prescribed.”[2]If the business damages any arrangements of the Act or any standards made under this Act by the State Government including non-installment of wages the individual is obligated to pay a fine that may reach out to Rs. 2 Lakhs. The extra-fine can likewise be imposed.

3. WAGES ACT

The Minimum Wages Act, 1948, and the Payment of Wages Act, 1936 are the two key enactments that oversee and control compensation paid by the business to the worker. The previous Act tries to fix the lowest pay permitted by law that must be ensured to all specialists. The measure of offer is resolved with appreciation to the idea of the work, which is referenced in the Schedule of the Act. The lowest pay permitted by law contrasts from State to State

On the other hand, the Act guarantees timely payment of wages to the employee or the workman.[3]

4. INDUSTRIAL DISPUTES ACT

Section 33C of the Act manages the recuperation of cash that is expected to be paid to the representative. As per this arrangement, any worker or somebody approved by the representative, or lawful beneficiary if there should arise an occurrence of the perished representative can document an application for the installment of pay to the proper government. On being fulfilled that much cash is expected, the fitting government gives a declaration for the installment of contribution. Be that as it may, on the off chance that there is a need to register the measure of cash, at that point, it will be chosen by the Labor Court.

Documents required for sending the legal notice:

• Copy of employment contract
• Copy of bank statement as evidence for non-payment of salary.
• Appointment letter
• Details of all additional benefits and perks.

Procedure for Sending Legal Notice to Employer for Unpaid Salary

1. You must hire the top Employment lawyers in your locality to help you draft a legal notice for the recovery of unpaid dues to be sent to your employer.
2. The legal notice shall be drafted and sent to you for approval.
3. The final legal notice shall be drafted incorporating your suggestions(if any).
4. The legal notice shall be sent to your employer by registered post.
5. The details of the registered post will be shared with you.

Remedies Available For an Employee In Case Of Non-Payment of Salary

• If an employer doesn’t pay a salary, the employee can approach to the labour commissioner. They will try to reconcile the matter and if not sorted out, then matter will go to the court.
• Under the Industrial dispute Act, 1947, an employee can file a suit for recovery of money due from an employer within 1 year of time frame from which the salary is due.
• Within 3 months, labour court has to decide such cases.
• If a employee is a manager  of the organization or at some other post over the executive level, at that point he may likewise document a suit in the common court as per the arrangements of Civil Procedure Code, 1908
• Application in the NCLT

Format of a Legal Notice for Non-Payment of Salary

To,                                                                                         Date:

AB Pvt Limited

Through its director

Mr. X

Sir,

Under instruction and behalf of my client ……., who is  Resident of ……… I do hereby serve you with the legal Notice:-

1. That You the Noticee, appointed my client on…………. Via mail by providing an offer letter dated…………………….. as ………………and the salary of my client was fixed at Rs. 30000/- per month. And my client joined your office on …………….
2. That my client is a very hardworking employee and did her duty diligently, and with utmost punctuality and sincerity, she had built a good reputation in your esteemed organization. My client was fully devoted to her duty. You, the Noticee, issued an offer letter(hard copy) in the name of my client and also got printed the visiting cards in my client name.
3.  That suddenly on ………………..when my client went to the office,  then you the Noticee , abruptly refused to allow my client to attend her duty and you, the Noticee, without any hesitation told my client that she is no more required in the office. You, the Noticee had terminated her without any reasonable reasons or in a totally illegal way. You, the Noticee had not even fulfilled the conditions as per the employment contract. According to the Contract, you, the Noticee, are supposed to give a month notice period before the termination of the services of my client.
4. During termination of the services of my client, you the Noticee, did not pay the salary for the month of………………and as per the employment contract, one extra month salary also needs to be paid to my client.
5.  That my client visited your office from time to time for payment and even called you many times but You, the Noticee refused to pay and also the amount ofRs. ……. pending which my client spent while doing fieldwork for your company.
6. That you the Noticee , are unnecessarily harassing my client by not paying salary, and the same is a punishable office. You, the Noticee, also did not provide my statutory client benefits i.e., Providential Fund. etc. You, the Noticee, also did not pay amount of bonus and other service benefits, which totally comes to Rs. …../-
7. I, therefore, call you through this Notice, to make the payment of the Rs. …………………/- to my client along with interest, within the period of 15 days, failing which my client has given clear instructions to take appropriate legal action against you 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.

Advocate Signature.

 

[1]Contract Labor Act 1970

[2]Shops and Establishment Act 1953

[3] Payment of Wage Act 1936

This Article Written by Sugandha Prakash, 4th Year BBA LLB Student of JIMS School of Law GGSIPU.

Also Read: What Happens If Someone Refuses An Attorney Notice?