The PSU I work in terminated me for unauthorised absence. What are my options?
3 years ago
I work in a psu bank. During corona lockdown my mother was unwell. My father is a senior citizen so I was taking care of my family and could not attend work.I emailed an application to my concerned branch for the same when I went on leave. I also got married in the same time and requested for transfer to the state where my husband is employed. After my marriage I went to stay with my husband and was unable to return due to corona. I had requested for transfer for a nearby branch. I was not given transfer but only notices to join work which I replied to stating my problems. In the notices no deadline to join work was given. It only stated that I should join as soon as possible.I was not warned in any letters before the final letter that my services would be terminated if I did not report within 30 days. After 11 months they sent me a letter that I have been deemed to have voluntarily vacated my employment. What are my legal options to continue my job?
Ankur Goel @ Complete Law Shield
Responded 3 years ago
bank have to take your approval before terminating you but you dont need approval from bank for 11 months leaves.
after getting terminated you dont have problem to join back but had problem to join in 11 months.
But still you can approach HC for relief.
As per the provisions of the Industrial Disputes Act, 1947, there is a statutory mandate on the employer to give a thirty-day notice period before terminating the employer. Your employer has done this and has also previously sent you several notices. After getting the notice you had to give reasons for not joining which will be dealt in accordance with the company policy and most importantly the terms of the employment agreement. So, it is evident that your options for remedy in this situation are limited and you can send a legal notice to your company but nothing is certain since I am basing my advice on limited facts. We can find a better remedy only after you furnish your employment agreement.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
It is a well-known law that as per the provision of the Industrial Disputes Act, 1947, the employer has to give a thirty-day notice period before termination. In this notice period, you are required to give valid reasons for your inability to rejoin your employer who will consider the situation and proceed in accordance with the policy of the company and the employment agreement. However, it is important to note that irrespective of the deadline not being stated in all notices, except the final one, it is understood that your replies and company norms and policies will guide the employer in deciding the issue of your employment. The employer was legally required to give a notice with a thirty-day period and have done that along with other notices. Therefore, you have limited options in this situation as you can send a notice to your employer for remedy. However, this view is based on limited facts and it could be explained further after you furnish your employment agreement.
If you find this helpful please rate my answer. Thank You.
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