Community › Forums › Legal Advice India › Required help – company removing me from company
- This topic has 13 replies, 4 voices, and was last updated 1 year, 3 months ago by
Cleverdevansh8143.
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IIndianstar9060
PARTICIPANT
March 10, 2025 at 7:34 amCompany 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? -
CCleverdevansh8143
PARTICIPANT
March 10, 2025 at 7:39 amIf 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.
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IIndianstar9060
OP
March 10, 2025 at 7:47 amIt’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?-
CCleverdevansh8143
PARTICIPANT
March 10, 2025 at 9:59 amLawyer 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.
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IIndianstar9060
OP
March 10, 2025 at 10:40 amYes, 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.-
CCleverdevansh8143
PARTICIPANT
March 10, 2025 at 11:50 amOk, 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.
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IIndianstar9060
OP
March 10, 2025 at 11:55 amBro they already terminated me I have no option to resign-
CCleverdevansh8143
PARTICIPANT
March 10, 2025 at 12:36 pmThen 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.
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IIndianstar9060
OP
March 10, 2025 at 12:43 pmAre you a lawyer?-
CCleverdevansh8143
PARTICIPANT
March 10, 2025 at 1:36 pmEngineer
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SSmartguru4808
PARTICIPANT
March 10, 2025 at 10:22 amCompany 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.-
IIndianstar9060
OP
March 10, 2025 at 10:41 amAre you lawyer?
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UUser_0b4673fc
PARTICIPANT
March 10, 2025 at 10:55 amWill 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.
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IIndianstar9060
OP
March 10, 2025 at 11:10 amMy 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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