Legal Notice for Non-Payment of Salary: Format (2026)
How to send a legal notice when your employer does not pay your salary: when to send it, what it must say, the labour and civil routes, a usable format, and how the dispute is then tracked. Last verified October 2026.
Format · Employment · Salary Dues
When an employer stops paying your salary, a clear legal notice is usually the fastest way to get it moving without going straight to court. It puts the demand on record, fixes the amount, and warns the employer that a claim will follow. This guide explains when to send a legal notice for unpaid salary, what it must contain, the labour and civil routes to recover the money, a usable format you can adapt, and how the dispute is tracked once it is filed. Last verified October 2026.
- First step: send a legal notice, usually through an advocate, demanding the exact unpaid salary within about 15 days.
- If you are a worker: recover wages through the labour authority or labour court.
- If you are a manager or higher-paid employee: a civil suit, often an Order 37 CPC summary suit for a clearly owed amount.
- New law: the Code on Wages, 2019 came into force on 21 November 2025, with rules still being rolled out, so check the current forum in your state.
01When to send a legal notice for unpaid salary
Send a legal notice when your salary, full and final settlement, or dues like bonus or leave encashment are overdue and your own emails and reminders to HR have not worked. A notice is useful because it:
- Puts the exact amount and the period of non-payment on record.
- Shows a court or labour authority that you first tried to settle the matter.
- Often gets a reply or payment on its own, because the employer sees that you are serious.
You can send it yourself, but it carries more weight when an advocate sends it on their letterhead. Keep every payslip, your appointment letter, the employment agreement, bank statements showing earlier salary credits, and any emails about the dues. These prove the amount you are owed.
02Which recovery route fits you
The right forum depends on the kind of employee you are. The notice is similar in each case, but it should point to the route you will actually use.
| You are | Main route to recover unpaid salary | Good to know |
|---|---|---|
| A worker or "workman" (most non-managerial staff) | Claim before the labour authority or labour court for recovery of wages due | This is usually cheaper and quicker than a civil suit |
| A manager, executive or professional above the worker line | A civil suit, often an Order 37 CPC summary suit for a fixed, clearly due amount | A summary suit can be faster than an ordinary suit |
| Any employee | A written complaint to the labour authority, plus the legal notice | Many disputes settle at the conciliation stage |
The wage laws have changed. The Code on Wages, 2019 came into force on 21 November 2025 and now takes in the older Payment of Wages Act, 1936 and the Minimum Wages Act, 1948. The recovery machinery under the new codes is still being rolled out through central and state rules, so the exact authority and form can vary by state. The practical routes above still hold: a workman recovers wages through the labour authority or labour court, and a higher-paid employee goes to a civil court.
For a workman route, see how to file a written complaint in the labour court. If your dues are a fixed, clearly owed amount and you are not a workman, a money recovery summary suit under Order 37 CPC can be the faster civil option.
03What the notice must contain
A good legal notice for unpaid salary is short, factual and specific. It should set out:
- Your details and the employer details, with the correct registered name and address of the company.
- Your employment, the designation, date of joining, and the agreed salary.
- The exact dues, the months of unpaid salary and any bonus, leave encashment or full and final settlement, with a clear total figure.
- Earlier reminders, a brief line that you asked for payment and it was not made.
- The demand, that the employer pay the full amount within a set time, usually 15 days.
- The consequence, that you will start legal proceedings to recover the amount with interest and costs if it is not paid.
04The legal notice format
This is a general format you can adapt to your facts. It is usually sent by an advocate. Replace the text in square brackets, and remove any line that does not apply to you.
[On the letterhead of the Advocate]
By Registered Post A.D. / Speed Post and Email
Date: ______________
To,
[Name of the company / employer]
[Registered office address]
Kind attention: [Director / HR Head]
SUBJECT: Legal notice for recovery of unpaid salary and dues
Under instructions from my client, [Your name], son/daughter
of [name], resident of [address] (the "Employee"), I serve
on you the following notice:
1. My client was employed with you as [designation] from
[date of joining], at an agreed salary of Rs [amount]
per month, under the appointment letter dated [date].
2. You have failed to pay my client the salary for the
period [month] to [month], and dues on account of
[bonus / leave encashment / full and final settlement],
totalling Rs [amount] (Rupees [in words]).
3. Despite my client's repeated reminders dated [dates],
the said amount has not been paid.
4. You are hereby called upon to pay my client the sum of
Rs [amount], together with interest at [rate] percent
per annum, within 15 days of receipt of this notice.
5. If you fail to comply, my client will be constrained to
initiate appropriate proceedings for recovery before the
competent authority / court, entirely at your risk as to
cost and consequences, without further notice.
[Advocate name]
Advocate for the Employee
[Enrolment no., address, contact]05How to send the notice
- Send it by registered post with acknowledgement due to the registered office of the company, and keep the postal receipt and the acknowledgement card.
- Also send it by email to HR and the management, and keep the sent copy.
- Keep a signed office copy of the notice and the list of documents you relied on.
- Note the date of delivery, because your waiting period of 15 days runs from when the employer receives it.
- If the notice is returned unclaimed, keep the returned envelope, since refusal or non-collection is often treated as good service.
06What happens if the employer ignores it
If the employer pays, keep the proof and close the matter. If the time runs out with no payment, you move to the forum that fits your case.
- If you are a worker, file a claim before the labour authority or labour court for recovery of the wages due. Conciliation is often tried first.
- If you are a manager or higher-paid employee, file a civil suit, and consider an Order 37 CPC summary suit if the amount is fixed and clearly owed.
Once a case is filed, it runs through notice, reply, evidence and arguments to an order. The matter can take time, so most employees and their advocates keep track of hearing dates so they do not miss one.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A salary recovery case runs for months through the labour authority or the civil court, and it is easy to lose track of the next date once the notice stage is over. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, with results in under 5 seconds, so you can follow your matter by party name and get the next hearing date without checking court sites by hand. You can also search 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, to see how courts and labour forums have decided similar wage claims. Claw does not use your case documents to train its AI models.
Create a FREE Claw account to track your salary recovery matter by party name, and use case search across Indian courts to research how similar wage disputes have been decided.
08Sources and further reading
- Ministry of Labour and Employment (labour codes and rules): labour.gov.in
- India Code (Code on Wages, 2019 and allied laws): indiacode.nic.in
- eCourts (civil and labour case status): ecourts.gov.in
- Claw: clawlaw.in
This guide is general information, not legal advice. The wage laws are changing as the new labour codes are brought into force, so check the current rules and take advice from an advocate before you act. See also the Code on Wages, 2019 and labour and employment litigation software.
09Frequently asked questions
How do I write a legal notice for non-payment of salary?
State your employment and agreed salary, the exact months and amount unpaid, your earlier reminders, and a clear demand to pay the full sum with interest within about 15 days, failing which you will start legal proceedings. Send it by registered post with acknowledgement due and by email, and keep the proof. It is best sent by an advocate on their letterhead.
What can I do if my employer does not pay my salary?
Send a legal notice first. If it is not paid, a worker can claim recovery of wages before the labour authority or labour court, while a manager or higher-paid employee usually files a civil suit, and can use an Order 37 CPC summary suit where the amount is fixed and clearly owed.
Which law covers unpaid salary in India now?
The Code on Wages, 2019 came into force on 21 November 2025 and now takes in the earlier Payment of Wages Act, 1936 and Minimum Wages Act, 1948. The recovery rules under the new labour codes are still being issued, so the exact authority and procedure can vary by state. Check the current position before you file.
How long does the employer get to respond to the notice?
The notice usually gives 15 days from the date the employer receives it. You can set a different reasonable period, but 15 days is common. Keep proof of when the notice was delivered, because your waiting period runs from that date.
Do I need a lawyer to send the notice?
No, you can send it yourself, but a notice sent by an advocate on their letterhead usually carries more weight and is harder for the employer to ignore. A lawyer can also advise which forum fits your case and draft the claim that follows.
Can I track my salary recovery case in Claw?
Yes. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, with results in under 5 seconds, so you can follow the matter by party name and never miss a hearing. It tracks and researches the case but does not give legal advice.