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If an employer deprives an employee of their salary or delays crediting the amount, then an employee can send a legal notice for non-payment of salary to the employer or the company. To draft a legal notice to recover payments, seek the help of a good advocate. You can also check out a legal notice for non-payment of salary in PDF format attached herewith.
You can send a legal notice for non-payment for salary in India to clear the outstanding dues from the employer, which is also known as a Legal Notice to Company for Full and Final Settlement. This follows a specific format.
There are various legal processes that an employee can take up in order to recover their wages or salary such as:
Some of the main remedies that are available to the employee when the employer does not pay the salary to include:
There exists a full-fledged law on the non-payment of salary by the employer in India known as the Payment of Wages Act, 1936. Although the Act does not apply to employees on all levels, it usually does apply to all of the low wage laborers.
As effective from September 2012, the Wage Ceiling that has been put forward under the Payment of Wages Act, 1936, there has been an increase to a total average wage ceiling of around 18,000 INR per month. This has been pursuant after a notification that has been passed by the Indian Government. Legal notice to the company for salary can be sent only by the aggrieved employee. The laborer can send a legal notice to the company for full and final settlement. If a laborer doesn't get covered under the Act, there are still various remedies that are still maintainable.
According to Section 4 of the Payment of Wages Act on the fixation of wage period, each and every person is actually responsible for the complete payment of wages under Section 3. Under this particular section, the period will be fixed due to which such wages are going to be payable. There is no such wage period that should actually extend to one month. A legal notice to the company in India is to be sent when PF becomes due.
Some of the requirements in this aspect include:
One of the most common problems faced by Indian youth is the non-payment of salary by their employer. A young employee who faces these problems feels helpless. Neither he/she can force the employer for making a payment, nor consult an advocate for fear of huge legal expense.
One should follow a specific format for drafting a legal notice for non-payment of salary by an employer in India.
It is a very common practice in India for employers to deny salary to their employees, which is especially prevalent when firing employees. The employers carry a notion that the employees don't have an option or any resource by which they can file a case against the employer. However, the reality is that there are various things that an employee can do.
The employer has the right to send a reply to the legal notice for payment due to the employee. However, one thing to keep in mind regarding the situation is that the same is not available in consideration to the public domain. In this kind of situation, an employee can send a legal notice for not paying a salary.
Another thing to keep in mind is that any advice by the lawyer in this scenario comes at a cost. The employee can send a legal notice to the company for outstanding salary clearance.
If the company’s fraudulent activity affects the employee, then he or she may seek strong actions. The remedies in such scenarios include:
Legal notice to an employer for non-payment of salary is to be taken seriously by the employer and the management of the establishment where the employee was working. Notice for payment due can be sent either to the manager or to the person-in-charge of the place where the employee was employed. Legal notice to a company can also be presented in the Court as evidence of non-payment of money. Such legal notice sent to a company will act in favor of the employee in the Court of Law.
The advocate fees for legal notice for payment recovery vary from advocates to advocates. Therefore, the employee can send a legal notice to recover payments. Such legal notice for payment due is available here in pdf format.
Within a certain period without any extension, the Labour Court decides a timeline. The time frame is around three months, where the Presiding Officer of the certain Labour Court deems it expedient or necessary to do so.
The Presiding Officer may for certain reasons in writing actually extend the time frame as he/she deems fit. The Labour Court will also look into the fact whether legal notice for pending payment of provident fund has been sent to the employer.
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1. Indian Labour laws - For non-payment of salary by the employer in India
2. Industrial Disputes Act,1947 - An Act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes
3. Payment of Wages Act, 1936 - The Act is intended to be a remedy against unauthorized deductions made by the employer and/or unjustified delay in payment of wages