Rules to send Legal Notice To Employer
A major proportion of the employees in India lack legal constitutional rights provided to them by
our constitution. Almost every employee faces some sort of dispute with the employers and
many of these disputes include the exploitation of the employees by their employers.
Non-payment of the salary is one of the most common disputes that the employees face during
their tenure of employment. The issue became more severe when the employee requests his last
salary payment at the time of resignation.
But, you shouldn’t be worried because the Indian Legislature provides you with all possible
remedies that can be avail for recovering your due payment. As an employee, you can draft a
legal notice to the employer with due consultation of a legal advisory.
What is a Legal Notice?
Legal Notice is like a warning to whom it has been sent. The notice will state the mistake that the
employer has committed along with the legal penalty that the employer will be subjected to if the
sender of the legal notice resorts to litigation.
What constitutional rights do you have as an employee?
Apart from the employment contract terms, there are many different laws for employees in India
such as
●Payments of Bonus Act,
●Equal Remuneration Act,
●Payment of Gratuity Act,
●Employees Provident Fund,
●Miscellaneous Provisions Act,
●Employees’ State Insurance Act,
●Maternity Benefit Act, etc.
Basic rights such as working in non-discriminatory environment, working in a safe place with
basic amenities, appropriate working hours, assured incentive, timely and fair salary, appropriate
leaves etc. are protected under the law.`
What are the grounds for sending the legal notice to employer?
The common grounds for sending the legal notice to employer are:
●Employment dispute
●Salary dispute
●Wrongful termination
●PF dispute
●Sexual harassment
●Mental harassment
●Workplace harassment
What are the pre-requisites for sending a legal notice to
employer?
You will require the following documents before sending a legal notice to employer:
●Employment Contract Copy
●Bank Statement for the proof of unpaid salary and past-salaries received
●Appointment letter/Joining or Interview letter
●Details of additional perks (if any)
What to do next?
●You are required to find and hire an experienced lawyer who has a past record of dealing
with employment issues and salary disputes.
●Share all the details of the dispute to the lawyer. The lawyer will prepare a legal notice
with the specification of employment terms and salary unpaid duration.
●Check the notice drafted through the lawyer for assuring accuracy & affirmation of all
facts & figures mentioned.
●If all are correct, send the legal notice to employer through a registered post.
What else you can do?
When the employers receive the legal notice, they believe that they have enough resources to
pursue a suit against an employee demanding his due pay. Therefore, the law disposes other
remedies for taking any strict action against the employee. However, there are still other options:
●Considering an arbitrator:
You can also negotiate with the employer through an arbitrator if any Arbitration clause which
can resolve the matter was pre-stated in the employment. An arbitration can mutually solve the
dispute between both parties without actually going to the court.
●Approach Labour Commissioner:
If there is no such arbitration clause or the contract specifies no point for salary disputes, then
you can also approach labor commission for seeking labour commissioner help within its.
●File petition in Labour Court:
Under the Industrial Dispute Act 1947, you can even approach labour court to demand they pay
dues to the employer through a lawyer.
For how much time does the employer can withhold salary?
According to the Payment of Wages Act, an employer can hold your salary for a maximum
period of 30 days or the employ serves his due notice period or you return back the employer all
the confidential documents during your employment term.
