Required help – company removing me from company

Community Forums Legal Advice India Required help – company removing me from company

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    • #38368 Reply
      Indianstar9060
      Participant
        I
        Indianstar9060
        PARTICIPANT
        March 10, 2025 at 7:34 am
        Company removing me from my job, I would be paid 3 month notice period salary + leave encashment,etc as my notice period is 90 days. I have severed in this company for 3 years now.

        The problem is they didn’t asked me for resignation, I asked if it’s termination they said “no but they don’t have any work that’s why they’re removing me”. What is this?

        Should I ask them 2-3 months severance on top of 3 month NP salary. As I don’t have any job offer and they don’t have any valid reason to remove me too. I don’t even know if it’s termination reallyz they denied it’s not termination.
        I am uncertain how long would it take to get a job hence trying to get as good as possible compensation. My monthly salary is 25k per month. It’s service based IT company. What are my options.
        What all documents should I ask them for?

      • #38371 Reply
        Cleverdevansh8143
        Participant
          C
          Cleverdevansh8143
          PARTICIPANT
          March 10, 2025 at 7:39 am
          If you resign, you won’t get severance pay.

          Yours is termination but company is already paying 3 months severance pay. You can’t ask for more than that.

          Basically, you are being laid off as the company doesn’t have any project.

          • #38374 Reply
            Indianstar9060
            Participant
              I
              Indianstar9060
              OP
              March 10, 2025 at 7:47 am
              It’s not 3 month severance. It’s 3 months notice pay, on top of that I thought I should ask for severance.
              And as if this is termination, should I consult a lawyer? Or I don’t have anything here?

              • #38375 Reply
                Cleverdevansh8143
                Participant
                  C
                  Cleverdevansh8143
                  PARTICIPANT
                  March 10, 2025 at 9:59 am
                  Lawyer for what? A company has the right to terminate you.

                  Theres nothing called notice pay. Its same as severance pay. You won’t get any extra money.

                  Dont waste your time. Search for new job.

                  • #38376 Reply
                    Indianstar9060
                    Participant
                      I
                      Indianstar9060
                      OP
                      March 10, 2025 at 10:40 am
                      Yes, but either they terminate or I resign I still have right for NP pay. Serverance kicks in when it’s company decision to terminate me. I do fall under workman category as per Industrial IT act. That’s why I asked. And I’m already searching for a new job.

                      • #38377 Reply
                        Cleverdevansh8143
                        Participant
                          C
                          Cleverdevansh8143
                          PARTICIPANT
                          March 10, 2025 at 11:50 am
                          Ok, then ask the company to terminate you. They don’t want you working there. That’s clear.

                          So, your option is termination or resignation.

                          If you don’t resign, they will terminate you.

                          Max 3 month spay you will get. There is no double pay for termination.

                          • #38378 Reply
                            Indianstar9060
                            Participant
                              I
                              Indianstar9060
                              OP
                              March 10, 2025 at 11:55 am
                              Bro they already terminated me I have no option to resign

                              • #38379 Reply
                                Cleverdevansh8143
                                Participant
                                  C
                                  Cleverdevansh8143
                                  PARTICIPANT
                                  March 10, 2025 at 12:36 pm
                                  Then take your 3 month spay and start searching for new job. You won’t get double salary for termination.

                                  Don’t waste your time overthinking.

                                  • #38380 Reply
                                    Indianstar9060
                                    Participant
                                      I
                                      Indianstar9060
                                      OP
                                      March 10, 2025 at 12:43 pm
                                      Are you a lawyer?

                                      • #38381 Reply
                                        Cleverdevansh8143
                                        Participant
                                          C
                                          Cleverdevansh8143
                                          PARTICIPANT
                                          March 10, 2025 at 1:36 pm
                                          Engineer

                        • #38370 Reply
                          Smartguru4808
                          Participant
                            S
                            Smartguru4808
                            PARTICIPANT
                            March 10, 2025 at 10:22 am
                            Company is being very generous here. You should see what lala chacha companies do. Thank them for their kindness and ask if they have any references or job portal or anything they can do to help. Ask for a reference letter from your boss and be thankful on the way out.

                            • #38373 Reply
                              Indianstar9060
                              Participant
                                I
                                Indianstar9060
                                OP
                                March 10, 2025 at 10:41 am
                                Are you lawyer?

                            • #38369 Reply
                              User_0b4673fc
                              Participant
                                U
                                User_0b4673fc
                                PARTICIPANT
                                March 10, 2025 at 10:55 am
                                Will you work for the next 90 days here? or you are let go with immediate effect?
                                I would say this is generous – some companies only pay 1 month of severance.

                                This is a common lay-off.

                                • #38372 Reply
                                  Indianstar9060
                                  Participant
                                    I
                                    Indianstar9060
                                    OP
                                    March 10, 2025 at 11:10 am
                                    My last working day will be in next week. Till next week I’ve to submit gadgets laptop + phone. And it’s good offer but aren’t they legally bind to pay notice pay as I haven’t resigned? And also as per Industrial IT act aren’t they supposed to pay me severance? All companies who pay 1 month severance ask employees to resign voluntarily and avoid termination to not pay severance. That’s my understanding till now. I’m looking for a lawyer’s response on this post.

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