How Long Can HR Delay Responding to a Show Cause Notice? My Job's at Risk!

On the last day of my notice period, I was handed a show cause notice by HR regarding an email that was sent to my colleagues. They have withheld my notice period salary and experience letter. I was required to respond to it within 48 hours, which I have completed. It has been nearly three weeks, and they have not responded to my reply or taken any action against it. I need my experience and relieving letters to join a new organization.

Timeline for HR Response to Show Cause Notice

Is there a specific timeline within which HR must act regarding the response provided to the show cause notice issued? When I inquired about it, they mentioned it might take an additional week. However, I have already started at a new organization that has given me a deadline to submit my letters. My new job could be jeopardized if I am unable to obtain those letters.

HR's Silence on Show Cause Notice Response

For how long can HR remain silent without taking action or responding to my reply to the show cause notice?

The timeline is supposed to be mentioned in the letter submitted by you, similar to how the SCN carries a timeline of 48 hours. You can send a reminder/follow-up letter and ask for a reply within a tentative time similar to what they mentioned in the SCN. You also need to include: "If no response is received within ________ time from the receipt of the letter, then it will be construed that there is no response available from your side." If you still have not received any response, then you should contact the labor office and file a complaint with all the available proof.

When was the email in question sent by you? What was the content/subject matter of the 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 are not released, think in terms of legal actions. Keep your current company in the loop about the issue.

Dear friend,

This is in addition to what other learned members have written. I recommend that you write to the Managing Director of the company. Send an email as well as a letter by hard copy. If no action is taken within 10 days, then it is better if you send a lawyer's notice.

Thanks,

Dinesh Divekar

Dear Colleague, The timing of issuing a show cause notice on the last day of the notice period shows perhaps malicious intent. While no timeframe for a reply received from an employee is laid down, reasonableness would require action within 2-3 days and not an 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 should 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 request them to release your dues and experience letter with a copy to the CEO. Keep your new employer posted with the developments.

Regards, Vinayak Nagarkar HR Consultant

Thank you for all your replies. I have sent them an email asking them to look into the matter as soon as possible. I mentioned that I have to join a new organization and expressed that my survival is becoming difficult due to being without salary for 3 months (during the notice period).

I will wait until Monday, June 4, 2018, and if there is no action taken by then, on Wednesday, June 6, 2018, I will send another email requesting my experience and relieving letter.

Filing a Case with the Labor Office

I also have a question about filing a case with the labor office. I am concerned it may prolong the process further. If anyone has experience dealing with the labor office and knows the typical time it takes, that information would be helpful for me to make a decision.

Thank you for all your replies. I have sent them an email requesting them to look into the matter as soon as possible. I mentioned that I need their prompt attention as I am transitioning to a new organization and facing financial challenges due to not receiving my salary for the past 3 months (during the notice period).

I will wait until Monday, June 4, 2018, to hear from them. If there is no response by then, I will follow up with another email on Wednesday, June 6, 2018, asking for my experience and relieving letters to be provided promptly.

Initiating a Case with the Labor Office

I also have a question about initiating a case with the labor office. I am concerned about the potential time it might take. If anyone has experience dealing with the labor office and knows how long the process usually takes, your insights would be valuable for me to make informed decisions.

I want to clarify that I am based in India, not in France or Paris. My location is fixed and cannot be changed.

I am attaching a copy of the mail that attracted a violation and the violations given in SCN.

Please check if the SCN is valid or if there is a malicious intention in serving it.

Let me know how to approach the Labour office and the time it takes for the case to resolve. I am interested in peacefully negotiating in HR since I have to submit my relieving letter to my new organization.

The wordings of your mail as given in SCN reflect a deep unhappiness with the work and pay. Beyond that, the company should not have treated it as demeaning, etc., unless there are other emails from your side. Please tell the company that you have written the first sentence appreciating their efforts. This poetic flow could well have been avoided. Please also inform the company that nothing bad was meant, and it was meant as constructive feedback.

I have already given a reply, echoing the same thoughts as projected by you. But the problem lies here, it's already close to 3 weeks that I have given my reply, but no reply or action from the HR side.

For how much time can HR remain silent without taking 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 proceed through the Labour office. How much time does it take for the Labour office to make a decision?

Take the matter to a higher level by writing to the CEO or even seeking a meeting with him. The help of the labor office in this case is doubtful. In what capacity were you working in the company? Just for fun, email was avoidable anyway.

Taking the matter to the MD is the only choice, but the only way it is accessible is through email. Also, shouldn't there be a timeline in which they have to reply or take action? They cannot take it for granted or an entire lifetime to look into the matter.

I am considering seeking help from the labor office because they haven't provided me with my experience and relieving letter. Also, my 3 months' pay and gratuity are all being held up by them. I have been working there for 5.8 years as Senior Engineer-1/Assistant Manager.

Yes, it was avoidable and it wasn't done intentionally, but someone who holds a grudge against me has escalated this to HR on the day of my relieving.

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.

An Update on the Matter

The issue has been resolved, and the company did not take any action against me. They have handed over my relieving and experience letters.

Further research into the matter showed that the SCN was purposefully put in by my manager with the help of HR to intimidate employees. Most of my teammates are unhappy with how things are going. In the past six months, I am the 10th person to resign from my team. As such, the management is not in a position to assess the situation and take necessary steps.

Lesson Learned

No matter how much you dislike your company, keep it to yourself, especially if you are under HR who are not ready to solve your problems and instead want to scare people with actions like this.

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. Anyway best of luck since the matter is resolved. Learning value is high in this case.