Community › Forums › Legal Advice India › Should I resign or let them terminate/layoff me?
- This topic has 13 replies, 8 voices, and was last updated 1 year, 3 months ago by
User_d1aff82c.
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IIndianstar9060
PARTICIPANT
March 8, 2025 at 12:57 pmCompany 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. -
UUser_eceaf408
PARTICIPANT
March 8, 2025 at 1:02 pmSeverance 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
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IIndianstar9060
OP
March 8, 2025 at 1:33 pmNP 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-
UUser_d1aff82c
PARTICIPANT
March 8, 2025 at 10:13 pmThey will pay basic salary, not entire Salary.
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CCoolkishore46
PARTICIPANT
March 8, 2025 at 1:04 pmBack 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.-
IIndianstar9060
OP
March 8, 2025 at 1:28 pmAlready 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? -
VVikramrider800
PARTICIPANT
March 9, 2025 at 8:02 amyou are an idiot at this stage it wonβt matter but 15 year latter when you are a senior you will be screwed you are putting a cap on your career.
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UUser_3dc1a659
PARTICIPANT
March 8, 2025 at 1:16 pmIt’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.-
IIndianstar9060
OP
March 8, 2025 at 1:25 pmIt’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.-
UUser_3dc1a659
PARTICIPANT
March 8, 2025 at 2:01 pmAre 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
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SSwiftgirish7560
PARTICIPANT
March 8, 2025 at 2:20 pmResignation 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.-
IIndianstar9060
OP
March 8, 2025 at 3:24 pmI am fine with resignation, only trying to sweeten this exit with severance with NP salary (if possible). Atleast I want to try to negotiate-
SSwiftgirish7560
PARTICIPANT
March 8, 2025 at 3:37 pmYou 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 π«° for them, it will take your time also.
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PPrakashninja345
PARTICIPANT
March 8, 2025 at 9:29 pmThey 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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