Hello,
I am working in private software firm since 5 years, in India.
Recently, my company owner suggested me to get separate from company.
So, I am confused about whether to follow official resignation process or consider this as a termination ?
If I considered as a termination then, Can I ask for the termination Pay ? (As he didn't fired me)
How termination pay is calculated and what is the next step should I take if he denies to give ?
From India, Pune
2I am working in private software firm since 5 years, in India.
Recently, my company owner suggested me to get separate from company.
So, I am confused about whether to follow official resignation process or consider this as a termination ?
If I considered as a termination then, Can I ask for the termination Pay ? (As he didn't fired me)
How termination pay is calculated and what is the next step should I take if he denies to give ?
From India, Pune
Dear Nilesh,
Your communication is confusing to the extent as to whether on the advice of your boss you have stopped attending the office or not. In case you have stopped attending to the office, then you are on your own, if not you should tender resignation and have it accepted and relieved in the formal manner. In such a case you are supposed to get all your dues.
Thanks and regards
S.K.Johri
From India, Delhi
Your communication is confusing to the extent as to whether on the advice of your boss you have stopped attending the office or not. In case you have stopped attending to the office, then you are on your own, if not you should tender resignation and have it accepted and relieved in the formal manner. In such a case you are supposed to get all your dues.
Thanks and regards
S.K.Johri
From India, Delhi
Dear Nilesh, I think you should ask for notice period from employer side or if he denied ,you should ask for termination pay(as per company standard notice period).
From India, Vadodara
From India, Vadodara
Dear Friend
When you have completed 5 yrs service with your company, your boss is asking you to quit the job. Can you tell us why he asking you to do so. Whether company is incurring losses or no projects are there? or else to evade the payment of gratuity etc. Are you getting PF and other social security measures like ESI etc. Generally, traditional management or one man organisations should adopt this type of tactics to ovoid some benefits to their employees. In your case, if your boss asked you to quit the job, it should be in writing from his side or resignation from your side. In the absence of above two, your stay away from duty amounts to misconduct and the same is liable for disciplinary action if your company is having standing orders / service rules.
So my advice is first you should take decision to quit either by tendering resignation as per the terms of your appointment order or else by getting termination order from employer which is not good for your future employment. In any case, since you are completed 5 yrs of service provided if you work not less than 240 day in every completed year of service for 5 yrs continuous service, you are entitled for Gratuity at the 15 days average pay for every completed years of service.Termination pay is different from Gratuity. If employer wants to discharge excess manpower for whatsoever the reason other than punishment inflicted, then he requires to pay retrenchment compensation as per the provisions of shops and establishment act or industrial disputes act for which the calculation will also be 15 days wages for every completed year of service.
Regards
From India, Hyderabad
When you have completed 5 yrs service with your company, your boss is asking you to quit the job. Can you tell us why he asking you to do so. Whether company is incurring losses or no projects are there? or else to evade the payment of gratuity etc. Are you getting PF and other social security measures like ESI etc. Generally, traditional management or one man organisations should adopt this type of tactics to ovoid some benefits to their employees. In your case, if your boss asked you to quit the job, it should be in writing from his side or resignation from your side. In the absence of above two, your stay away from duty amounts to misconduct and the same is liable for disciplinary action if your company is having standing orders / service rules.
So my advice is first you should take decision to quit either by tendering resignation as per the terms of your appointment order or else by getting termination order from employer which is not good for your future employment. In any case, since you are completed 5 yrs of service provided if you work not less than 240 day in every completed year of service for 5 yrs continuous service, you are entitled for Gratuity at the 15 days average pay for every completed years of service.Termination pay is different from Gratuity. If employer wants to discharge excess manpower for whatsoever the reason other than punishment inflicted, then he requires to pay retrenchment compensation as per the provisions of shops and establishment act or industrial disputes act for which the calculation will also be 15 days wages for every completed year of service.
Regards
From India, Hyderabad
Thanks a lot nvraovskp,SAMARPITA. G. PRAMANIK,skjohri1
Well, All of you suggesting me to send resignation letter officially ?
If I resigned officially then still I can ask for termination compensation ?
Its fine with me if he terminates me, what the procedure I should do next ?
From India, Pune
Well, All of you suggesting me to send resignation letter officially ?
If I resigned officially then still I can ask for termination compensation ?
Its fine with me if he terminates me, what the procedure I should do next ?
From India, Pune
Termination is a black spot on your career path, the rest is your wish. Even after tendering the resignation you will get notice period as per your exit clause, so you will get the pay for that too. Rest is your wish
From India, Ahmadabad
From India, Ahmadabad
Dear Nilesh,
Your next step will "be clear about clearance procedure,F&F settlement & Relieving certificate with good remark''.
Is management ready for this or not?
And one thing , before singing a copy of your termination,read it carefully...Because your company suggest you to separate from this organization.It should be reflect on that letter..
They should not maintained any type of negative comments about your performance or behavior on that letter.
From India, Vadodara
Your next step will "be clear about clearance procedure,F&F settlement & Relieving certificate with good remark''.
Is management ready for this or not?
And one thing , before singing a copy of your termination,read it carefully...Because your company suggest you to separate from this organization.It should be reflect on that letter..
They should not maintained any type of negative comments about your performance or behavior on that letter.
From India, Vadodara
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