Employer Withholding Salary Due to Show-Cause Notice: How Should I Respond?

My employer served me a show-cause notice and withheld my salary for the past two months. I replied to the show-cause notice more than a month ago, but I have not received any response from the HR department. I have sent several requests. If I am at fault, they should take action against me, but why withhold my salary and create hardship for my family? What should I do?

Unless the employee is suspended pending an inquiry, withholding salary will be illegal. In case of suspension, the employee will be entitled to receive the Subsistence Allowance.

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.

Salary cannot be withheld unless there is a suspension. You can complain to the labor officer in writing, who will call out the company for holding up your payment.

Regards,
K. Viswanathan.

We are not informed about 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. Legally, you are entitled to receive your salary since you are not yet suspended pending inquiry.

I have already explained my hardship in writing, but no response has been received. Now I have one more query: If I get another job and resign, can my present employer withhold my Full and Final (F&F) settlement and No-dues certificate? This may hamper my joining the next company. What should I do in case of resignation?

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 the labor officer and fight the case.

Regards,
K. Viswanathan.

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.

Addressing HR Issues: Show Cause Notice and Withheld Salary

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 the 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.