Salary not paid? Here’s how to send a legal notice that works
By Lavanya Mallidi, ET Online |
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New Labour Code 2025: No salary delays allowed
From now on, all workers have a legal right to receive their salaries on time. Companies must pay monthly wages by the 7th day of each month. If an employee resigns or is let go, the full and final settlement must be completed within two working days. These rules ensure fast payments and protect employees from delays.
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When your salary isn’t paid—you can take legal action
If your employer delays or refuses to pay your salary, you have the right to take action. You can start by sending a formal legal notice to the employer. If the issue is not resolved, you can approach the labour authorities or file a case in court. These steps help ensure employees get the wages they are legally entitled to.
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Step 1 — Collect every document that proves your claim
Before filing a complaint, collect all documents related to your job and salary. This includes your offer letter, employment contract, payslips, and details of your joining date and salary breakup. Keep copies of any emails or messages that mention unpaid wages. These records will strengthen your case and help prove your claim.
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Step 2 — Calculate the exact pending amount
When claiming your dues, include all types of pending payments. This covers unpaid salary, bonuses, incentives, and any reimbursements that haven’t been cleared. You should also mention other payments promised in your job contract. Listing everything clearly helps ensure you receive the full amount owed to you.
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Step 3 — Get a lawyer to draft a strong legal notice
Your legal notice should clearly mention your employer’s details, the amount of unpaid salary, and any contract breaches. Include references to relevant labour laws that support your claim. You should also set a 7–15 day deadline for payment. Add a warning that you will take legal action if the issue is not resolved within that time.
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Step 4 — Notice sent on lawyer’s letterhead = Serious pressure
Once your lawyer sends the legal notice, make sure to keep copies of all documents and communication. These records serve as strong proof if the matter goes to labour authorities or court. Proper documentation helps track every step taken. It also strengthens your case and ensures transparency in the process.
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Step 5 — Employer still doesn’t pay? Escalate immediately
If your employer still doesn’t pay, you can take the issue to the next level. Approach the Labour Commissioner or file a complaint in the Labour Court for help. You can also file a civil suit to recover your unpaid dues. These legal options ensure that your rights as an employee are protected.
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Your legal rights are stronger than ever under the new code
The new Labour Code ensures that all workers receive their wages on time and are protected from exploitation. It covers every employee, whether permanent, on contract, or fixed-term. Employers are legally required to pay what is due without delay. This law aims to make workplaces fair and secure for all workers.