Facing Termination or Resignation: Will I Get Notice Pay in Either Case?

Dear team, I am working in the sales department, and my target has not been reached. They have given me one week to resign, or else they will terminate me. I wanted to know under which circumstances I will receive notice pay if I choose to resign. HR told me, "It depends on our review; you may or may not receive it." Is this true? Or should I opt for termination to receive notice pay? Please help me with this matter. Thank you.

Dear team, I am working in the sales department, and my target has not been reached. They have given me one week to resign, or else they will terminate me. I want to know under which circumstances I will receive notice pay. If I choose to resign, HR tells me it depends on our review whether I will receive it or not. Is this true, or should I choose termination to receive notice pay? Please help me with this.

At any cost, your employer has decided to terminate your services. At this juncture, why should you be so concerned about the notice pay? Even if you resign, it is you who should pay the notice salary in lieu of notice. Therefore, let them terminate you for not achieving the sales target. Such a sudden termination on account of poor performance without following the formal disciplinary procedure is illegal and can be successfully contested in the labor court.

Dear Faizen,

Your employer has decided to remove you from the services due to non-performance. They have informed you that you must either resign or they will terminate your employment. They prefer resignation to avoid potential legal complications that may arise from termination.

Now, you are left with the option to challenge the termination. However, this legal process can be time-consuming and may negatively impact your future. Consider whether you are willing and able to pursue this route, as the outcome may or may not be in your favor. Employers are generally reluctant to retain terminated employees and may view them unfavorably.

Alternatively, you can choose to resign and leave the company. You may submit your resignation with notice, and hopefully, they will accept it. It is important to start focusing on securing a new job, as there may not be many opportunities left for you within the current organization. Seek advice from your well-wishers to help you decide on the best course of action.

Please let me know if you need any further assistance.

Kind regards,
[Your Name]

Dear Faizan,

Nowadays, it is a common practice for most organizations to threaten termination for non-performing sales employees. The word "termination" carries a powerful impact, often leading employees to resign under pressure and the fear of being terminated.

Performance Improvement Plan (PIP)

No organization can terminate an employee immediately due to non-performance unless they have provided enough written chances (in the form of a Performance Improvement Plan - PIP) to enhance their performance. If improvement is not shown during the PIP, the company may terminate your services on the grounds of poor performance, having given you a fair opportunity to enhance your performance.

Discussion with HR

You have the option to discuss with the HR department of your company, requesting a chance for improvement that can be monitored on a monthly basis, for at least 60 days. My advice to you is not to succumb to pressure. Trust that they will not be able to terminate your employment. If they do, it could lead to legal complications for them.

Legal Obligations Under the Shop & Establishment Act

Moreover, for additional clarity and support, if your company proceeds with termination, they are required to settle any dues within two days of your termination, in accordance with the Shop & Establishment Act of Telangana. Therefore, do not cave in to undue pressure; perform well. Our best wishes are with you.