Asso.prof.(commerce & Management)
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
+2 Others

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My employer served me a show-cause notice and held up my salary for the past 2 months. I have given 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 withholding my salary creating hardship for my family ?
What should I do??

From India, Kundan
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
Well, as you already have sent email to them regarding the salary then better if you approach them directly and politely ask them update regarding show cause notice and how much time it will take to get it resolve and show them that you need it get resoled at earliest as it going hard to survive without getting the salary.
From India, Lucknow
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
We are not informed what is the veracity of the charges. 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 your salary get paid since you are not yet suspended pending enquiry.
From India, Bangalore
I have already explained my hardship in writing but no response is recieved. Now i have one more query, If i get another job and resign , can my present employer withold 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
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
Dear Raj,
Are U still attending to duties, are you on roll, your attendance is marked regularly ? Then you may resign the job with due notice as per regulations governing your employment. In which case, Most probably on receipt of your resignation they may hurriedly conduct the domestic enquiry and decide either to suspend or terminate/dismiss and try to withhold F & F (how many years of service you did there ?) depending on the outcome, without even relieving or accepting your resignation. It's better you may consult an Advocate with your records.

From India, Bangalore
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 of any "request" as such; since the two actions - issue of 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 persons; rather than making the person feel apologetic.
Warm regards.

From India, Delhi
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