>> Employees can drag their employer to court the minute their salary is delayed, even by a day.
However writing to the company first giving details of the amount due and giving the employer time to respond before going to court, makes sense.
This document with POD can become a record of ‘Determined Debt.’
Attempt and ensure that you get assurance (liability to pay) in writing that wages shall be paid.
It is a private employer and unpaid wages can be claimed as debt on employer.
If the company does not respond employee can take the employer to court.
The mechanism for non payment of salary to employees does exit be it ‘Workman’ ‘Employee’ ‘Executive’ ‘Manager’ but the redressal system is slow and litigations can be long drawn.
Therefore the employee should not give a very long rope to employer.
The Directors promoters and owners shall find legal escape routes so that they themselves are not convicted and put behind bars.
You may go thru the observations of learned Delhi Court in case of
Delhi High Court
Argha Sen vs Interra Information ... on 12 September, 2005
The employee was a AVP like you.
>> Being AVP you may not be covered as “Workman’ as in ID Act, ‘Employee’ as in Shops and Commercial Establishments Act and able to approach:
----O/o Labor Commissioner
--- Inspector Under Payment of Wages Act (applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm)
----Inspector under Shops and Commercial Establishments Act
You may approach your lawyer and your lawyer may advice to approach civil court for recovery of unpaid dues.
If the establishment files for closure and liquidation then you may be in Q…………………
There are threads indicating that employees contemplate to file criminal complaints u/s 406,420………..
There are threads indicating that employees approach employer as creditors treating unpaid wages as Debt……………………….
You may go thru;
However you may be last in the long…………….very long Q……………………………as explained in below mentioned thread.
>> Some employees achieve some kind of handle on employer by virtue of their position, proximity to certain sensitive matters, approach , influential personalities in society/community…………………….etc
If you have some kinds of handle press that to get your dues.
Prepare a list of assets of corporate and promoters which may come handy to get the dues.
>> After analyzing your inputs your lawyer may opine that the loss is due to breach of fiduciary duties by Directors and loss can be directly attributed to their actions or omissions and/or their conduct itself is tortuous due to negligent mismanagement attributed to carelessness in the oversight of some aspect of the corporation's operations and board knew of, or ought to have foreseen, a systemic problem and failed to address it.
>> The employer is unworthy of being employed with.
Firm up your next venture as ap.
Approach a good lawyer as ap.
Explore all possibilities.
Your lawyer may opine that you may have file your petition as ap or it may be time barred.
Valuable advice of learned experts/members is sought.