Dinesh Divekar
Business Mentor, Consultant And Trainer
Manojkamble
Sr. Hr Executive
Pvenu1953@gmail.com
Retired Government Servant/advocate
+1 Other

Thread Started by #Anonymous

On the last day of my notice period I was handed over a show cause notice by HR regarding a mail that was sent to my colleagues. They held up my notice period salary and experience letter. I was supposed to reply to it within 48 hours, which I have done. It is already close to 3 weeks that they haven't responded to my reply or haven't taken any action against my reply. I need my experience and reliving letter to join a new organization.
Is there a timeline within which the HR have to take action pertaining to the reply given to the show cause notice issued. When I tried to enquire about it they said it may take 1 more week. But I have already joined a new organization who gave me some time to submit my letters. Now my new job will be in problem, if I can't get those letters.
For how much time HR can remain silent without taking an action or replying to my reply of SCN?
31st May 2018 From France, Paris
Hi,
Timeline is supposed to be mentioned in the letter submitted by you same as SCN carries the timeline of 48hours. You can send an reminder / follow up letter and ask them for the reply within tentative time simillarly mentioned by them in SCN. You also needs to mentioned as " If No response received with in ________ time from receipt of the letter, then it will be construed that there is no response is available from your side". Still if you not received any response then you should reach labour office and file complaint with all the available proof.
31st May 2018
When was the email in question sent by you?
What was the content/subject matter of email?
Since you have replied in time, ask for progress on the matter.
What could be so serious that your papers are held up.
If no reply is received and your pay and papers not released think in terms of legal actions.
Keep your current company in the loop about the issue.
31st May 2018 From India, Pune
Dear friend,
This is in addition what other learned members have written. I recommend you writing to the Managing Director of the company. Send an email as well as letter by hard copy. If no action is taken within 10 days then it is better if you send lawyer's notice.
Thanks,
Dinesh Divekar
31st May 2018 From India, Bangalore
Dear Colleague,
The timing of issuing S/C notice on the last day of notice period shows perhaps malicious intent.
While no time frame for reply received from an employee is laid down, the reasonableness would require action within 2/3 days and not unduly long period of 3 weeks. That strengthens doubt of malafide intentions.
You have done your part by replying to the notice on time. You now write to them that since you have received no communication even after three weeks , it is presumed that the company is satisfied with it and requesting them to release your dues and experience letter with a copy to CEO.
Keep your new employer posted with the developments.
Regards,
Vinayak Nagarkar
HR- Consultant
1st June 2018 From India, Mumbai
#Anonymous
Thank you for all your replies.
I have dropped them a mail asking them to look into the matter as soon as possible, I stated saying that I have to join a new organization and also that my survival is also getting difficult as I was without salary for 3 months (Notice period time).
Will look until Monday i.e. 4-June-2018 and on Wednesday i.e. 6-June-2018 will drop a mail asking them to hand over my experience and reliving letter since they haven't taken any action.
One more query regarding the filing of case with labour office, I am afraid it may take even more time. If anyone has any experience dealing with labour office & the time it takes, it can be useful for me to decide.
1st June 2018 From France, Paris
#Anonymous
Thank you for all your replies.
I have dropped them a mail asking them to look into the matter as soon as possible, I stated saying that I have to join a new organization and also that my survival is also getting difficult as I was without salary for 3 months (Notice period time).
Will look until Monday i.e. 4-June-2018 and on Wednesday i.e. 6-June-2018 will drop a mail asking them to hand over my experience and reliving letter since they haven't taken any action.
One more query regarding the filing of case with labour office, I am afraid it may take even more time. If anyone has any experience dealing with labour office & the time it takes, it can be useful for me to decide.
I am from India not from France, Paris. I cannot change my location.
1st June 2018 From France, Paris
Still, the question as to the content of the SCN, or rather the content of the mail you had allegedly sent to the colleagues, remains unanswered. There need not be reservation in revealing this information as you have opted to remain anonymous.
2nd June 2018 From India, Kochi
#Anonymous
I am attaching a copy of the mail that attracted violation & the violations given in SCN.
1) Please check if the SCN is valid or is there a malicious intention in serving it.
2) Let me know, how to approach Labour office & the time it takes for case to resolve, as such I am interested in peacefully negotiating in HR since I have to submit my reliving letter in my new organization.
4th June 2018 From France, Paris

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The wordings of your mail as given in SCN reflect a deep unhappiness of the work and pay, beyond that the company should not have treated it as demeaning etc.Unless there are other mails from your side.
Pl tell the company you have written first sentence appreciating the company.
This poetic flow could well have been avoided.
Pl tell the company further that nothing bad was meant and was giving an exit feedback.
4th June 2018 From India, Pune
#Anonymous
I have already given a reply, echoing the same thoughts as projected by you.
But the problem lies here, its already close to 3 weeks, that I have given my reply but no reply or action from HR side.
For how much time HR can remain silent without taking an action or replying to my reply of SCN?
Since they are not taking any action, I would want to give them an ultimatum on the reply or want to proceed through Labour office, as such how much time does it takes for Labour office to take a decision.
4th June 2018 From France, Paris
Take the matter to higher level by writing to CEO or even seeking a meeting with him.
Help of labour office in this case is doubtful.
In what capacity were you working in the company.
Just for fun mail was avoidable anyway.
4th June 2018 From India, Pune
#Anonymous
Taking the matter to MD is the only choice, but the only way it is accessible is through e-mail. Also shouldn't there be a timeline in which they have to reply or take an action. they cannot it for granted or entire lifetime to look into the matter.
I am considering help from labour office because they haven't given me my Experience & reliving letter.
Also my 3 months pay & gratuity is all held up by them.
I have been working there since 5.8 years as Senior Enginner-1/ Assistant manager.
Yes, it was avoidable & it wan't done intentionally, but someone who has grudge on me has escalated this to HR on day of my reliving.
4th June 2018 From France, Paris
Keep your new company in the loop.
Legal action may be considered if your meeting or mailing MD is not adequate to close the issue.
4th June 2018 From India, Pune
#Anonymous
An update on the matter.
The issue has been solved and the company did not take any action against me. They have handed over my reliving and experience letter.
A further research into the matter showed the SCN was purposefully put in by my manager along with the help of HR so as to scare people already in time. Most of my teammates are unhappy with how things are going, in the past 6 months I am the 10th person to resign from my team and also as such the management is not in a position to take stock of situation and take necessary steps.
Lesson learned: How much ever you hate your company, keep with yourself specially if you are under HR's who are not ready to solve your problems and rather want you to scare people with actions like this.
13th June 2018 From France, Paris
A classic case of how HR should not function.
Trying to stem attrition by scaring people is absolutely the wrong way of practicing core functions of HR.
Lesson for you is that email should be very discreetly worded and used on matters which could be sensitive.
Any way best of luck since matter is resolved.
Learning value is high in this case.
13th June 2018 From India, Pune
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