In India, the rate of legal awareness is not very high and few dishonest employers and companies deprive their employees of their hard-earned money. In such a situation instead of feeling exploited, the employee can send a legal notice for non-payment of salary.
What is Legal Notice for Non-Payment of Salary?
A legal notice is nothing more than the starting point of a legal process. It is for those whose legal rights have been infringed by the other party. It’s a non-judicial means of communicating complaints to organizations and individuals.
Why is Legal Notice for Non-Payment of Salary required?
The plaintiff serves the defendant with a legal notice that includes all of the allegations and the plaintiff’s version of the facts. It provides the defendant or opposing party with a comprehensive understanding of the allegations and opportunities to resolve the issue outside of court. Only in civil cases is a legal notice filed in accordance with Section 80 of the Code of Civil Procedure, 1908. A lawyer should always send out legal notices, and those notices should contain all the information necessary to support any subsequent legal action.
What should a Legal Notice for Non-Payment of Salary cover?
The legal notice for non-payment of salary must contain the following:
1. The legal notice must be drafted in the letterhead of an advocate which is to be specific and proper.
2. It should contain addresses and contact details of the advocate.
3. 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.
4.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.
5. 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.
6. The notice must be signed (with date) by the advocate and the sender.
Documents Required for Legal Notice for Non-Payment of Salary-
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
*Copy of bank statement as evidence for non-payment of salary.
Procedure for Legal Notice for Non-Payment of Salary-
It is crucial to locate and work with a reputable lawyer or attorneys with experience handling labour law-related and employment-related matters. Have a formal notice prepared by him outlining the specifics of your employment, including the length of time you were not paid. Examine the prepared legal notice again to ensure that all of the facts and figures are correct. Send the notice to the employer via registered mail once all necessary legal attestations and approvals have been obtained.
Legal Considerations for Legal Notice for Non-Payment of Salary-
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.
How can a lawyer help to draft Legal Notice for Non-Payment of Salary?
It is highly recommended that you retain the services of a recovery lawyer because serving as a legal notice is the first step in recovery litigation. Such legal notices can be drafted with the necessary knowledge and expertise by a lawyer. He or she will be able to compile crucial data for the client and adjust the notice appropriately. He or she will make sure you are headed in the right direction when pursuing justice. All legal paperwork can be efficiently managed by an attorney. Therefore, in order to make sure that your legal notice for recovery is sent correctly and to account for any potential litigation that may follow, it is imperative that you hire an expert recovery lawyer.