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🔴Resignation के बाद Notice Period Compulsory? Termination पर कितना मिलेगा Compensation? - YouTube
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Is it necessary to serve for the
notice period after resignation?
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Can an employer terminate an employee anytime?
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Should severance package be given after
termination?
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And if yes, then how?
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What is the difference between Resignation,
Termination & Absconding
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Friends you have realized it right, that if you had
joined a job then there is a probable chance
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That you may quit it one day, in this case
you get three options
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Which are Resignation, Termination & Absconding
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From these three options which one is suitable
for you, what law says about them?
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And if at any time you want to leave
the company then according to the situation
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Then from them what should you do?
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So friends today's episode is about Resignation,
Termination & Absconding
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Before we proceed further, I want to tell
you that like always we will ask a question
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In our video, which can be asked at any
time during this video, and the one who will
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Answer it right in the comments below, that
one lucky winner will get UPI cash of Rs 51
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I am Rishabh Jain, you are watching
Labour Law Advisor and before we proceed
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Do subscribe to our channel
and press the bell icon.
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[ Intro Music ]
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Before we get into the technicalities, let's first
understand the difference between these three
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First, let's talk about Resignation, which means
that an employee is leaving a company by his
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Own wish, in this he gives his resignation
letter to the company and express inability
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To continue his work, Termination means
when an employer removes an employee
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From the company, means the employee is leaving
the company because of the wish of the employer
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There can many reasons for it like many
unavoidable reasons like economic slowdown,
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And the cancellation of orders etc. also there can be
some reasons which are because of an employee only
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About which we will talk soon, and the
the third thing is Absconding
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We receive a lot of questions related to
this, many times it happens that an employee
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Simply leaves his job without informing
to his employer, after which he doesn't
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Doesn't answer to the calls and email of
the employer, in many cases he even changes
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His address or don't even mention his
current address in the company
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This thing is called absconding, so hopefully, I think
you may have understood the difference between them
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Now we will understand, what is the
process of these three?
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First, let's talk about resignation, so resignation
in most cases is given by the employee's wish
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>>EMPLOYEE: Sir I don't like to work in your
company anymore!
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I Quit!
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>>RISHABH: In many cases a company also
ask an employee to give his resignation
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We will soon discuss it in the video
that is why it says to do this
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At the time of resignation a resignation letter
is given to the company, after giving resignation
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It is compulsory to serve the notice period
according to the contract, typically this
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Notice Period is for 15 days to 3 months, In this
notice period it is a responsibility of an employee
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That he clear all his dues and return all the
equipment, data, etc. in a right condition
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And to transfer the knowledge that you have
to your subordinate or to the new person for
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For your post, and if it needed to take
an interview and train the upcoming employee
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Then that also, this will make a good
relation between you and company
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And that is why a notice period lasts for
15 days to 3 months, so that company gets
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A relative time to absorb this shock,
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Now lets talk about Termination,
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>>RISHABH : Sir you have called me, is there
anything important
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>>BOSS : Yes, You're Fired!
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[ Weeping ]
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As I told you termination can be because
of some unavoidable reasons, for example
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Economic Slowdown, Govt. Policies, or
because of the certain kinds of certifications
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But many times termination happens because
of the blunder committed by an employee
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For example, if any employee is guilty of
willful insubordination or disobedience
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Theft, fraud, dishonesty, willful damage
sexual assault and bribe, in all these cases
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This gives the employer a right to terminate
that employee, in fact, one more thing which
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Most of the employees don't know is that if
you take are absent for 10 days without
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Any prior information then also an employer
has a right to terminate you
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But in this case, most of the states have
some rules and regulations which govern it
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In fact in Rajya Sabha a private bill was
presented which was in news in our country
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In the newspaper, long articles were written for
it that was "Employee Termination Welfare Bill"
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In this bill, it was said that if the employer
terminates a workman then that employer
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Must give a salary of 9 months, insurance and health
support to his family all these things have to be given
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That employee, and whatever the reason is
whether a company is closing by court case then also
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This bill is not yet passed, I think it will
become very unfair if it is passed
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Even though it is not passed, there are already
a lot of rules and regulations for termination
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If termination is happening because of
the employee's blunder for example if
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He has done theft or disobedience then first
of all employee has the right to present his point
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He should be given time, to realize whether
if, he is wrongfully acquaint
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And if this thing is proved then-employer
don't have to give any severance to that employee
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But because of any unavoidable reason or
without any mistake of the employee
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He is being terminated then in this case
severance package should be given
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In most cases, it is for a minimum of
1 month, and for many states, it is for 90 days
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In which BASIC plus DA component should
be given to an employee, in termination
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Act of Industrial Dispute SEC 25F says that
if you have terminated an employee
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Then you have to give him a severance package
especially for the workman category
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This is not applicable for supervisory &
managerial category but for workman category
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Apart from this in many states factories Act
governs that if the strength of the company is more than
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A limit which is different for different states,
above it, if you are terminating an employee
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Then you have to take permission from the government
that is why most of the companies try to request
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Their employees to resign instead of directly
terminating them, so that things can end in a
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Cordial manner, against this employers or
companies offer their employees that they
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Will a give him a good recommendation letter,
pay slip of letter payment etc.
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So that it will be easy for them to get a new
job, and after resignation, payment of notice
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Period is given as it is and favors him during
which that employee can look for a new job
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So it's in favor of the employee as well as the employer
that instead of termination he choose resignation
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So that his career should not get smeared
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Because when you will go to a new company
to give an interview then you will be asked that
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Why you left your previous company,
then if you'll have a reason that you had given
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A resignation because of growth, working and
the family issue then it is a better acceptable reason
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Rather than that, you were terminated
because you were not obedient
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So according to all these reasons when you
compare termination and resignation
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Then in most cases, resignation should be
preferred if things are in your hands
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Whether you are an employee or an employer.
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Now let's talk what if you didn't serve the
notice period?
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Our constitution and our law gives us the
right that nobody can force us to work
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So if you are not able to serve notice
the period after resignation then you are not
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Compelled to serve that notice period but
you have to take care of one thing in this that
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If a company is incurring a loss because of it, then
the company can ask for compensation from you
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Second, if you have belongings of a company
like laptop and data then in that case a company
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Can file a criminal case against you so that
the data can be retrieved from you
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But if you don't have any data or dues
and you are not able to go to the company
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For any reason, then you are not compelled
to go, and in if a case is filed against you
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Then mostly the employee will win it, lastly
let's talk about "Absconding"
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This is generally done by the youths who
are a beginner in their career
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They abscond, which means they simply leave the
a company without informing it
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But you have to understand that the other
a person is also a human if you will tell him
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Your reason then it can he will cooperate,
and so all the things can be done smoothly
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But if you abscond and didn't go to the
company for continuously 10 days
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Then again company get the right that they
can terminate you because of disobedience
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And because of irregularity and because of
10 continuous leaves without any reason
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In these cases, your career gets smeared and
apart from one more thing that happens that
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If your PF and ESI are being deducted then
its exit dates will not be exact
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And at that time harassment will happen,
apart from this if your gratuity or bonus money
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Or your salary is due then it can happen you
will not be given that easily,
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So from all these reasons, I think absconding
is never a good solution, you should never do it
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It is better to give a proper resignation
and if you don't want to go to a job after that
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Then don't go but you should first
submit the proper paperwork.
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Please tell us your experiences with
resignation and termination helps the
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Whole community, we await your feedback
comments and likes as it gives us motivation
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To make more interesting video like this
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So the question for today
are on your screens now
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That "What it is called to leave a job
without informing your employer"
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The options are on your screen now
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So that's all for this video, keep supporting
our channel Labour Law Advisor
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Jai Hind! Jai Bharat!
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