My employer served me a show-cause notice and held up my salary for the past 2 months. I have given a reply to my show-cause notice more than 1 month back, but no revert has come from the HR department. I have sent several requests. If I am wrong, then let them take action against me, but why withhold my salary, creating hardship for my family? What should I do?
From India, Kundan
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1From India, Kundan
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Unless the employee is suspended pending inquiry withholding salary will be illegal. Incase of suspension employee will be entitled to get the Subsistence Allowance......
From India, Pune
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From India, Pune
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Well, as you have already sent an email to them regarding the salary, it would be better if you approach them directly and politely ask for an update regarding the show cause notice. Inquire about how much time it will take to resolve the issue and convey to them that you need it to be resolved at the earliest as it is becoming difficult to survive without receiving the salary.
From India, Lucknow
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From India, Lucknow
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Salary can not be withheld unless there is a suspension.You can complain to the labour officer in writing, who will pull up the company for holding up your payment. K.Viswanathan.
From India, Delhi
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From India, Delhi
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We are not informed what the veracity of the charges is. Much would be influenced by this from the point of view of your employer. However, you should approach them with a request explaining your hardship. Though legally, you are entitled to get paid your salary since you are not yet suspended pending inquiry.
From India, Bangalore
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From India, Bangalore
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I have already explained my hardship in writing, but no response is received. Now I have one more query: If I get another job and resign, can my present employer withhold my F&F and No-dues certificate? This may hamper my joining in the next company. What should I do in case of resignation?
From India, Kundan
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From India, Kundan
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In this case it is better to come to a negotiated settlement.If they refuse to listen to you the only way out for you is to go to labour officer and fight the case. K.Viswanathan.
From India, Delhi
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From India, Delhi
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Dear Raj,
Are you still attending to duties? Are you on a roll? Is your attendance being marked regularly? If so, you may resign from the job with due notice as per the regulations governing your employment. In this case, most probably upon receiving your resignation, they may hurriedly conduct a domestic inquiry and decide either to suspend or terminate/dismiss you, and try to withhold your Full and Final settlement (how many years of service did you complete there?) depending on the outcome, without even relieving or accepting your resignation. It's better if you consult with an advocate and have your records ready.
Thank you.
From India, Bangalore
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Are you still attending to duties? Are you on a roll? Is your attendance being marked regularly? If so, you may resign from the job with due notice as per the regulations governing your employment. In this case, most probably upon receiving your resignation, they may hurriedly conduct a domestic inquiry and decide either to suspend or terminate/dismiss you, and try to withhold your Full and Final settlement (how many years of service did you complete there?) depending on the outcome, without even relieving or accepting your resignation. It's better if you consult with an advocate and have your records ready.
Thank you.
From India, Bangalore
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The fault lies with your HR department, who either do not know their job, or are too scared to do anything in your case. There should not be any need for any "request" as such, since the two actions - the issue of a show cause notice and withholding of salary - are different and independent. Please escalate this matter to the higher-ups, and if it does not solve your problem, seek legal assistance. Such unfair actions should be condemned vociferously by all HR personnel, rather than making the person feel apologetic.
Warm regards.
From India, Delhi
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Warm regards.
From India, Delhi
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Employer-PF-res trict to wages of Rs 6500.pdf