How to Send a Legal Notice for Non-Payment of Salary to Employer

Last Updated: June 2026 | Global Vision Law Firm — New Delhi | ~4 min read

Your employer hasn’t paid your salary.

One month. Two months. Maybe more. You’ve followed up by email. You’ve raised it verbally. You’ve been told “next week” so many times the phrase has stopped meaning anything.

At some point, polite follow-up has to become formal legal action — and in India, that action starts with a legal notice to your employer.

A properly drafted legal notice does three things simultaneously: it puts your employer on formal legal record, it triggers specific statutory timelines that work in your favour, and in the majority of cases, it resolves the dispute without ever going to court — because most employers, on receiving a lawyer’s letter, decide that paying the salary is far cheaper than the legal consequences of not doing so.

This guide tells you exactly how to send that notice, what it must contain, and what happens next if it is ignored.

📌 Quick Answer

To send a legal notice for non-payment of salary in India: engage a lawyer, provide all documentation (appointment letter, salary slips, bank statements showing non-payment, communications with the employer), and send the notice by registered post with acknowledgement due (RPAD) to the company’s registered office address. The notice must state the exact amount owed, the specific legal provisions breached, a demand for payment within a fixed period (typically 15–30 days), and consequences of non-compliance. Global Vision Law Firm drafts and sends employment-related legal notices — contact us immediately if your salary has been withheld.

💔 Meet Rahul — 3 Months of Salary. 1 Legal Notice. Paid in 11 Days.

Rahul Sharma joined a mid-sized IT services company in Noida as a project manager in early 2024. By December, the company had withheld three months of salary — citing “cash flow issues” — while simultaneously continuing to bill their clients.

Rahul had sent 14 emails. He’d had three meetings with HR. He’d been told repeatedly that “finance will sort it out next week.”

He came to Global Vision Law Firm.

We sent a formal legal notice citing:

The Payment of Wages Act, 1936 (applicable to wages up to ₹24,000/month)
The Industrial Disputes Act, 1947 (for the broader non-payment claim)
Section 406 BNS, 2023 (criminal breach of trust — for wages misappropriated)
Specific threat of Labour Court proceedings and criminal complaint before the Magistrate

The company’s HR director called Rahul’s personal number within 4 days of receiving the notice. Full payment — 3 months of salary plus one month of interest — was made on Day 11.

14 emails over 3 months. 1 legal notice. 11 days.

⚖️ Part 1: Laws That Protect Your Salary — Know Your Rights

Your right to be paid on time is not just a contractual right — it is backed by specific statutes with criminal consequences for employers who violate them.

Payment of Wages Act, 1936 Applies to employees earning up to ₹24,000 per month. Wages must be paid by the 7th of the following month (for establishments with fewer than 1,000 employees) or by the 10th (for larger ones). Wilful failure to pay wages is an offence under Section 20 — the employer can be prosecuted before the designated Authority.

Payment of Wages Act — Who It Does NOT Cover Employees earning above ₹24,000/month are not covered by the Payment of Wages Act. Their claims fall under the employment contract, the Industrial Disputes Act, or direct civil suit depending on their employment category.

Industrial Disputes Act, 1947 Covers workmen — broadly, employees not in supervisory or managerial roles. Non-payment of wages is an industrial dispute cognisable by the Labour Court or Industrial Tribunal.

The Shops and Establishments Acts (State-Level) Every state has its own Shops and Establishments Act governing commercial establishments — these typically have provisions requiring timely payment of wages and providing for complaints before the Labour Inspector. In Delhi, this is the Delhi Shops and Establishments Act, 1954.

Section 406 BNS, 2023 (Criminal Breach of Trust) Where an employer has specifically withheld salary already earned and due — treating money that legally belongs to the employee as their own — this can constitute criminal breach of trust under Section 406 BNS (which replaced Section 405/406 IPC from July 1, 2024). This is the most powerful pressure point in a legal notice — the criminal consequence.

For our employment law practice: Employment — Global Vision Law Firm

For wages and compensation law specifically: Wages for Blue-Collar Workers — Global Vision Law Firm

🛠️ Part 2: How to Send the Legal Notice — Step by Step

Step 1 — Gather All Documentation First

Before your lawyer drafts the notice, compile:

✅ Appointment letter / offer letter — confirms employment and agreed salary ✅ Salary slips for all months (paid and unpaid) ✅ Bank statements showing the last salary credited and the gap thereafter ✅ All written communications — emails, WhatsApp, letters — where you followed up on payment ✅ Any written acknowledgement by the employer of the outstanding amount ✅ Your PF and ESIC records (if applicable) — which can independently show the employer’s own admissions of your salary in their statutory filings ✅ The company’s registered office address — from the MCA21 portal or your employment contract

The registered office address is critical. Send to the wrong address — or just to your HR department’s office — and the notice may not carry legal weight. Verify the company’s registered address on the MCA21 portal before sending.

Step 2 — Engage a Lawyer

A legal notice from a lawyer carries a qualitatively different weight than a personal complaint. It signals serious intent, is properly formatted for court admissibility, cites the correct legal provisions, and is structured to be evidence in any subsequent proceedings.

For any unpaid salary above ₹25,000 — always send through a lawyer.

Step 3 — What the Notice Must Contain

A properly drafted salary legal notice must include:

Full details of the complainant — name, designation, employment period
Full details of the employer/company — name, registered address, CIN if applicable
Chronological statement of facts — date of joining, agreed salary, months for which salary is outstanding, total amount claimed
Exact amount demanded — month-by-month breakup, principal salary + any contractual interest or delayed payment interest
Legal provisions invoked — Payment of Wages Act, Industrial Disputes Act, state Shops and Establishments Act, Section 406 BNS where applicable
Demand for payment within a fixed period — 15 days is standard, 30 days for larger claims
Consequences of non-compliance — Labour Court proceedings, criminal complaint before Magistrate, civil suit for recovery

Step 4 — Send by RPAD to the Registered Office

Send via Registered Post with Acknowledgement Due (RPAD) — this creates a legal presumption of delivery under Section 27 of the General Clauses Act, 1897, meaning even if the company refuses to accept the letter, delivery is deemed effective.

Also send via email simultaneously — with a read receipt requested. Courts have increasingly accepted email communication as supplementary proof of notice.

Keep the RPAD receipt and the postal tracking record permanently — these are your evidence.

📋 Part 3: What Happens After You Send the Notice

If the Employer Pays Within the Notice Period

The matter is resolved. Ensure you receive a formal payment confirmation — ideally a bank transfer with a reference note — and retain all records. If the employer asks for a “receipt of full and final settlement” in return, have a lawyer review it before signing anything that could waive future claims.

If the Employer Ignores the Notice or Disputes It

You have three parallel tracks available — and for maximum pressure, run multiple simultaneously:

Track 1 — Labour Authority / Payment of Wages Authority For employees covered by the Payment of Wages Act — file a complaint before the designated Authority under Section 15. Proceedings are relatively fast and the employer bears the burden of proving payment.

Track 2 — Labour Court / Industrial Tribunal For workmen under the Industrial Disputes Act — raise an industrial dispute before the Labour Commissioner or directly approach the Labour Court.

Track 3 — Criminal Complaint Where the salary withholding is wilful and amounts to criminal breach of trust — file a complaint before the Magistrate under Section 406 BNS.

Track 4 — Civil Suit For managers, senior executives, and employees not covered by the above statutes — file a civil recovery suit for the salary amount as a contractual debt.

For litigation and dispute resolution: Litigation — Global Vision Law Firm and Dispute Resolution — Global Vision Law Firm

⚠️ 4 Mistakes That Weaken Salary Non-Payment Cases

Mistake 1 — Sending a personal email instead of a lawyer’s notice A personal email — however strongly worded — rarely creates the urgency a lawyer’s letter does. It also lacks the precise legal citations and formal evidentiary structure that make a notice effective.

Mistake 2 — Sending to the HR department’s address, not the registered office Under Indian law, formal legal notices to a company must be addressed to the registered office — not a branch, not an HR department. Sending to the wrong address can be challenged as insufficient notice.

Mistake 3 — Accepting a partial payment without protecting future claims If an employer pays part of the outstanding salary and asks you to sign a “full and final settlement” receipt — read it carefully. Signing such a document may waive your right to claim the remaining amount. Never sign any settlement document without a lawyer reviewing it first.

Mistake 4 — Waiting too long The limitation period for wage claims varies — typically 1 to 3 years depending on the forum. But practically, the longer you wait, the harder it is to establish the employment relationship and the payment pattern. Act within 30–60 days of the first missed salary.

💼 How Global Vision Law Firm Handles Salary Non-Payment Cases

Global Vision Law Firm has been handling employment disputes — including salary non-payment, wrongful termination, and PF/gratuity recovery — in Delhi since 2013.

What we do:

Draft and send formal legal notices citing correct statutory provisions
File complaints before Labour Authorities and Labour Courts
Advise on the correct forum — Payment of Wages Act, Industrial Disputes Act, or civil suit — depending on your salary level and employment category
Handle criminal complaints under Section 406 BNS where employer conduct warrants it
Advise on full and final settlement documents before you sign anything

Our relevant practices:

📞 +91 9599801188 · +91-11-71522934 📧 globalvisionlawoffice@gmail.com 📍 M-3 Gupta Tower, Azadpur, Delhi – 110033

👉 Contact Us — We Handle Employment Disputes Urgently

❓ Quick FAQs

Q: Can I send a legal notice for non-payment of salary myself, without a lawyer? A: Legally, yes — a personal notice is permissible. But it significantly weakens the impact, lacks proper legal citations, and is not formatted for court admissibility. For any meaningful amount, send through a lawyer.

Q: What if my employer says the company has no money to pay? A: “No money” is not a legal defence for non-payment of salary under the Payment of Wages Act or the Industrial Disputes Act. Even an insolvent company has statutory obligations for wage payment. A legal notice — and subsequent proceedings — create priority claims for employees over other creditors in many circumstances.

Q: Can I file a criminal case against my employer for not paying salary? A: Yes — where the withholding is wilful and amounts to misappropriation of earned wages, Section 406 BNS (criminal breach of trust) applies. This is a serious criminal provision and is typically included in the legal notice as a consequence of non-payment.

Q: What if I was asked to resign before my salary was paid? A: A resignation (whether voluntary or pressured) does not extinguish the employer’s obligation to pay earned salary. Wages already earned are an unconditional debt — the employment relationship’s ending does not affect the right to be paid for work already done.

Q: How quickly can Global Vision Law Firm send a legal notice? A: We can draft and dispatch a properly formatted legal notice within 24–48 hours of receiving complete instructions and documentation.

💡 Final Thought

Non-payment of salary is not a grey area in Indian law — it is a clear statutory violation with criminal consequences for employers who persist in it.

But the law only protects you if you invoke it — formally, correctly, and in time.

Rahul’s 14 emails accomplished nothing. His lawyer’s notice accomplished everything — in 11 days.

If your salary has been withheld, don’t wait for the next “next week.” Send the notice.

👉 Contact Global Vision Law Firm today

📞 +91 9599801188