Facing a Show Cause Notice After Resignation: How Should I Handle This Situation?

Hi, I recently submitted my resignation and asked for early release within one month, offering to buy out the remaining two months of my notice period. Despite my current employer's policy document clearly stating that employees can buy out the notice period, my request was refused by HR and management. After multiple unsuccessful attempts to convince them, they issued me a Show Cause Notice (SCN) while I was serving my notice period. I responded to the SCN within the prescribed timeframe, denying all allegations, and reiterated my intention to serve only one month, while paying for the remaining two months and returning all company assets.

My queries are as follows:

a) Is the two months' salary to be paid to the employer based on my basic or gross salary?

b) The SCN issued to me was baseless and false. If they don't withdraw the SCN, do I need to undertake any further action?

c) How do I obtain my relieving letter? I am based in Chandigarh, India.

a) The salary to be paid for buying out your notice period typically depends on the terms of your employment contract and company policy. However, in most cases, it is calculated based on the basic salary. This could vary, so it's advised to review your employment contract or consult with your HR department for clarification.

b) Regarding the Show Cause Notice (SCN), if you have already responded and denied all allegations, you have fulfilled your immediate obligation. However, if they don't withdraw the SCN, it may be prudent to seek legal advice to understand any potential implications and your rights in this situation.

c) The relieving letter is typically provided by the employer upon the completion of the notice period and after settling all dues. If you have served your notice period and paid for the remaining two months as per your proposal, you should be entitled to receive your relieving letter. If the employer refuses to provide the relieving letter, you may need to contact a labor law expert or the labor court in your jurisdiction for assistance.

Please note that while this advice is based on general HR practices, the specifics may vary based on local labor laws and your company's policies. Therefore, it's always advisable to consult with a local HR or legal expert for advice tailored to your situation.