Employment

Legal Notice for Unpaid Salary / Wages Dues Format

A legal notice for unpaid salary is a formal demand to an employer to release withheld wages, dues, or final settlement within a stated period, usually 15 days. It relies on the Payment of Wages Act, 1936 and the employment contract, and precedes a claim under Section 33C of the Industrial Disputes Act, 1947 or a civil suit.

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When to send this notice

Use this notice when an employer has withheld salary, delayed the full and final settlement, or refused wages, gratuity, or reimbursements that are due. It records the demand, sets a deadline, and lays the groundwork for a statutory or civil claim if the employer still does not pay.

Statutory basis

The Payment of Wages Act, 1936 mandates timely payment of wages and provides a mechanism to claim delayed or deducted wages. A workman can recover money due from an employer under Section 33C of the Industrial Disputes Act, 1947. Managerial or executive employees not covered by these Acts may sue for recovery based on breach of the employment contract under the Indian Contract Act, 1872. (The Code on Wages, 2019 consolidates several of these once fully in force.)

This format is a general drafting aid, not legal advice. Statutory timelines and wording vary by facts and jurisdiction — have it reviewed by a qualified advocate before you send it.
Copy-ready notice format
[ON THE LETTERHEAD OF THE ADVOCATE]

By Registered Post A/D & Email

Date: [DD/MM/YYYY]

To,
[Name of Employer / Company]
[Registered Office Address]
Kind Attn: [HR / Director]

Subject: Legal notice for non-payment of salary/dues of Rs. [Amount].

Sir/Madam,

Under instructions from my client, [Employee Name], [Designation], employed with you from [date] to [date], I serve upon you the following notice:

1. That my client was employed with your organisation and diligently discharged all duties as per the terms of employment.

2. That a sum of Rs. [Amount] towards [salary for months / notice-pay / full and final settlement / reimbursements] remains unpaid despite my client’s repeated requests dated [dates].

3. That your failure to release the said dues is unlawful and in breach of the Payment of Wages Act, 1936 and the terms of employment.

I therefore call upon you to pay the outstanding amount of Rs. [Amount] to my client within fifteen (15) days of receipt of this notice, failing which my client shall initiate appropriate proceedings, including a claim under Section 33C of the Industrial Disputes Act, 1947 and/or a civil suit for recovery with interest and costs, at your risk and expense.

[Advocate Name]
[Enrolment No. / Contact]

Replace every [placeholder] with your own details before use.

How to send this legal notice

From draft to proof of delivery and the next legal step.

  1. Gather your appointment letter, salary slips, bank statements, and any communication about the dues.

  2. Calculate the exact outstanding amount — salary, notice pay, reimbursements, gratuity, or settlement.

  3. Draft the notice citing the employment terms and the Payment of Wages Act, with a 15-day deadline.

  4. Have it issued on advocate letterhead and addressed to HR and/or a director.

  5. Serve it by Registered Post A/D and email, keeping proof of dispatch and delivery.

  6. If unpaid, file a claim under Section 33C of the Industrial Disputes Act or a civil recovery suit.

Frequently asked questions

What can I do if my employer does not pay my salary?

Start with a written legal notice demanding payment within 15 days. If the employer still refuses, a workman can approach the labour authority under the Payment of Wages Act or Section 33C of the Industrial Disputes Act, while managerial staff may file a civil recovery suit.

Does an employee need a lawyer to claim unpaid salary?

A lawyer is not mandatory, but a properly drafted legal notice on advocate letterhead is often more effective and correctly frames the statutory basis, which helps if the matter later goes to a labour authority or court.

What is the time limit to claim unpaid wages?

Claims under the Payment of Wages Act generally must be brought within about 12 months of the wages becoming due, while contract-based recovery follows the three-year limitation under the Limitation Act, 1963. Verify the exact period for your claim type.

Related notice formats

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