- This topic has 21 replies, 17 voices, and was last updated 1 year, 5 months ago by
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Gif an employee resigns, the company need not pay severence package. If the other way around, they are legally bound to pay the severence package (which, at a minimum, must = the full salary for the notice period).
For those employees who request resignation from their side, the company can say, “we are relieving you immediately, so don’t expect sev pay, nor the salary for the notice period since its you who asked to be relieved.”
Such games the company’s play!
The “gun that they hold to your head” is the point about relieving letter and code of conduct letter.
So, your call as to which option you choose.
Obviously, if you already have a job or can quickly get employed, then parting on good terms is good.
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MOf course it does. Labour law only applies to companies and organisations hiring people – I’m guessing this isn’t what you mean?
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SAsk them for new company offer letter first, else, don’t do anything. Also, in most mergers / acquisitions, there is clause that new company will not lay off anyone for certain period. However, they can still ask you to resign in other pretext. So tread carefully.
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UAlmost everyone has agreed to their terms already. Company said that they will give the offer letter 1-2 days after you resign. But they said that not everyone will receive the letter. If i ask for the offer letter first, can they force me to resign?
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SSafe harbor statement : I am in no way to be blamed for anything happens. This is a sticky wicket.
If its just matter of 1-2 days, why don’t you just “delay” your resignation. Go on emergency leave ( medical or otherwise ) for 2-3 days. In the meantime, check with others if they have received offer letters or not.
My gut feeling ( and hoping I am wrong ), they will keep a very small fraction of workforce. You need to take a call if you might be in that group or not.
Regardless, start looking out. No harm in interviewing.
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FYes, that’s the correct process. You will be an employee of a different company and you have to end the employment before moving to the next company.
Usually companies give a formal letter where they mention the details that you are resigning and take your consent. All benefits, leaves, gratuity gets forwarded to the next company. Except for signing that letter nothing should change.
But if they are asking to complete the closure of employment and “most of them” will be rehired, that’s a red flag.
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UThis is how it works in my company, you resign from one, so they can rehire you in another. But not all employees getting rehired is a concerning one. Either way, you have no choice but to resign, but ask them first that in case they do not rehire, will there be any severance?
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CI don’t know if you will get rehired after resigning in case of a take over.
But I do know this:
If your company has more than 100 employees, permission of the state government/labour commissioner is required to lay-off or terminate any employee and a reason has to be given. If it’s below 100 and above 50 only intimation and reason has to be given of lay-off.
If you resign, this regulatory compliance requirement go away, which is a major hassle if there are many employees.
Also, if you resign, you are not entitled to termination/lay-off compensation. Btw it’s only payable if you fall within the category of “workmen” under the Industrial Disputes Act 1947. If you are terminated/ laid off, you are eligible for the layoff compensation (formula in Industrial Disputes Act). These are just some of the compliances, there are others as well.
There is too much paperwork involved in termination for HR of so many employees, so they always ask for resignation first.
I am not judging the actions of the company and I don’t know what will follow after your resignations.
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UWhich company is it? If the terms of an acquisition is in the public domain, it could be answered precisely.
What’s your job profile? How long have you been with this company and what are the terms of your employment in terms of severance package?
Without all these details could not be answered effectively.
PS: Advocate this side!
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