Should I resign or let them terminate/layoff me?

Community Forums Legal Advice India Should I resign or let them terminate/layoff me?

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    • #39567 Reply
      Indianstar9060
      Participant
        I
        Indianstar9060
        PARTICIPANT
        March 8, 2025 at 12:57 pm
        Company asked me to resign from my job, if I resign 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.
        Should I wait to let them terminate me or negotiate for atleast 2-3 months severance on top of 3 month NP salary and give resignation if they accept it?. As I don’t have any job offer and they don’t have any valid reason to terminate me too.
        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.

      • #39572 Reply
        User_eceaf408
        Participant
          U
          User_eceaf408
          PARTICIPANT
          March 8, 2025 at 1:02 pm
          Severance pay at most companies is your notice period pay ! Highly unlikely at a company will pay you NP salary plus a severance package especially when they have openly asked for you to put down your papers !

          Better to put down your papers willingly and avoid all office work and focus your time for a new job ! ATB

          • #39577 Reply
            Indianstar9060
            Participant
              I
              Indianstar9060
              OP
              March 8, 2025 at 1:33 pm
              NP salary is mandatory AFAIK, they don’t even have any option to deny me that, but I think if they want to me resign atleast negotiate it for my benefit. That’s why I thought of severance. I also got to know if company terminates they’re entitled to pay employees some severance based on experience which in my case is 3 years, they probably want to save on that, that’s why I am hesitant to resign immediately and getting opinions here

              • #39580 Reply
                User_d1aff82c
                Participant
                  U
                  User_d1aff82c
                  PARTICIPANT
                  March 8, 2025 at 10:13 pm
                  They will pay basic salary, not entire Salary.

            • #39571 Reply
              Coolkishore46
              Participant
                C
                Coolkishore46
                PARTICIPANT
                March 8, 2025 at 1:04 pm
                Back up all your data, clean your laptop if you have one. Gather whatever documents you can get your hands on. I would even look for letterhead, just in case they do not give you an experience letter. Fuck ethics, since companies themselves are capitalists.

                • #39576 Reply
                  Indianstar9060
                  Participant
                    I
                    Indianstar9060
                    OP
                    March 8, 2025 at 1:28 pm
                    Already done, gathered all slips and communications mails, form 16, etc. I have stopped putting efforts from Thursday when they told to resign. What is letterhead here?

                  • #39575 Reply
                    Vikramrider800
                    Participant
                      V
                      Vikramrider800
                      PARTICIPANT
                      March 9, 2025 at 8:02 am
                      you are an idiot at this stage it won’t matter but 15 year latter when you are a senior you will be screwed you are putting a cap on your career.

                  • #39570 Reply
                    User_3dc1a659
                    Participant
                      U
                      User_3dc1a659
                      PARTICIPANT
                      March 8, 2025 at 1:16 pm
                      It’s better you resign with a good exp letter than being let off. You have served enough time to consider another work place. Resign be responsible while making your last days fun. Don’t burn bridges.

                      • #39574 Reply
                        Indianstar9060
                        Participant
                          I
                          Indianstar9060
                          OP
                          March 8, 2025 at 1:25 pm
                          It’s not me who burnt bridges. They have treated me bad at times, not giving increments, I was not getting offers due to 90 days NP.
                          Now they said they’re restructuring and need my resignation, why should I accept it with happy face with threats that they will terminate me if not?
                          My manager not even talking or responding as he already knows everything and only HR was in call no other people. They have no honest reason to terminate me.

                          • #39579 Reply
                            User_3dc1a659
                            Participant
                              U
                              User_3dc1a659
                              PARTICIPANT
                              March 8, 2025 at 2:01 pm
                              Are those offers still available or if you sure you’ll get elsewhere if notice period is less then ask accordingly. If you cant find another one easily serve 90 days and leave with a good exp letter. Don’t make the situation worse than it is

                        • #39569 Reply
                          Swiftgirish7560
                          Participant
                            S
                            Swiftgirish7560
                            PARTICIPANT
                            March 8, 2025 at 2:20 pm
                            Resignation is better than termination, companies hardly terminate these days, it ruins their reputation that’s why they offer employees to resign and complete his/her paperwork and pay their dues. Still before resignation, talk to them freely how much you will be getting don’t assume things, find a good job, best wishes.

                            • #39573 Reply
                              Indianstar9060
                              Participant
                                I
                                Indianstar9060
                                OP
                                March 8, 2025 at 3:24 pm
                                I am fine with resignation, only trying to sweeten this exit with severance with NP salary (if possible). Atleast I want to try to negotiate

                                • #39578 Reply
                                  Swiftgirish7560
                                  Participant
                                    S
                                    Swiftgirish7560
                                    PARTICIPANT
                                    March 8, 2025 at 3:37 pm
                                    You should negotiate before resignation, they will comply if conditions are reasonable, or else if they wrongfully terminate you without proper reason you can go to court which will be a disaster and still expensive 🫰 for them, it will take your time also.

                              • #39568 Reply
                                Prakashninja345
                                Participant
                                  P
                                  Prakashninja345
                                  PARTICIPANT
                                  March 8, 2025 at 9:29 pm
                                  They are not entitled to pay you more than your NP. If you get terminated it might reflect on your experience letter. Also, the company might delay the clearance of your dues.
                                  The best case scenario is for you to receive the NP salary and leave encashment without actually having to serve the notice period (gardening leave).

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