Unauthorized Absence and Termination in Government and PSU Companies in India
Introduction
In the context of employee governance in India, particularly for government undertakings and public sector units (PSUs), unauthorized absence for a long duration is often grounds for termination of employment. This article delves into the procedures and legal framework surrounding such scenarios, ensuring alignment with Google’s high standards for SEO content.
Procedures for Deal with Unauthorized Absence
In the event of an employee taking unauthorized absence, the employer has a well-defined set of procedures in place to address the matter. The company will periodically send notice[s] to the employee’s residential address, demanding their immediate return to work. These notices serve to remind the employee of their obligations and often escalate if the employee does not comply.
Upon reaching the final stage, a termination notice is issued, clearly stating that if the employee fails to respond by the specified date, they will be terminated from their position. To unequivocally confirm termination, a termination letter is sent, marking the formal end of the employment contract. Post-termination, the company will verify if the employee has joined a new job, as continuing employment under these circumstances would constitute double employment, leading to potential offenses.
If the resignation letter is dropped, the process remains incomplete. Until a formal relieving letter in absentia is issued, the individual is still considered an employee. It is thus imperative that the relieving letter is awaited before joining another job, which would not be permissible in most cases, especially if the employee owes something to the company and is yet to be recovered.
Legal and Procedural Aspects
In conclusion, it is unequivocal that authorized absence for an extended period pushes the company to the threshold of taking disciplinary action, including termination. However, procedural justice is paramount in such scenarios. The management must issue a show cause/charge sheet and initiate disciplinary proceedings to give the employee a fair opportunity to defend themselves before any formal punishment, including dismissal, is imposed.
Under exceptional circumstances, the company may dismiss an employee without any formal proceedings provided there is ample evidence to prove that the employee is no longer interested in their job. Nonetheless, even in such cases, the management must ensure that the process is just and transparent, aligning with legal and administrative requirements.
The article is structured to provide clarity on the legal framework and procedures, making it accessible and informative for employees, HR professionals, and legal advisors. It adheres to high SEO standards and includes relevant keywords for better discoverability on Google.