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Should you Resign or Get Terminated? | Why Companies Force you to Resign? | Nitish Rajput - YouTube
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We don't know till date that companies don't give you a termination letter
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Instead, it tells you to give a resignation letter. A manager or company
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dares to tell you that they don't want to see his face from tomorrow
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Some female employees are terminated using various compliance
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And their only mistake is that they are pregnant
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But when a company is not giving letters after multiple follow-ups
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In that case, what can an employee do?
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No company can bound you to be in any job
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You cannot do as much buttering as others do. So you are terminated after the same performance
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And the people who are performing less than you remain in the company.
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You may listen to the lines in a month or two that we are not a company, we are a family
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So don't get stuck in this
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When you do a job in any company then the company needs you
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as much as you need the job.
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Our constitution understands this thing very clearly
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And this is the reason behind our constitution has
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given the rights to an employer and an employee
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But because of not knowing our own rights
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An employee always remains on the back foot.
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There are some rules for working in a company
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And they are for both, a company and an employee
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You should know about them.
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And due to not knowing them
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A manager or a company dares to tell you that
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They don't want to see your face from tomorrow onwards
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Female employees are terminated using various compliances
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And their only fault is that they are pregnant. Some people are doing a job
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for the last 10 years but they don't know that Instead of giving termination letters by
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itself, the company tells you to give a resignation letter. You face a huge loss by doing this
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You have no idea. It doesn't need rocket science to understand all this.
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These are very basic things. And in this video, we will discuss them in detail.
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There are only three reasons
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due to which a company terminates you.
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The first is misconduct
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The second is performance
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And the third is a company doesn't have a job for you. It doesn't have projects
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For you. If you have performed a misconduct
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There is a disciplinary issue, you have done a theft
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or you have caused any problem to females, misplaced the data
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There are no hearings in such cases. You are terminated immediately
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An inquiry is done after that you are terminated.
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The second thing is the performance issue
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Wherever you're working you've to understand at which stage of a company you're at
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You ignore the documents in the hiring process. Due to this, you come at the backfoot
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Where do you've to pay attention in the hiring process? Let's discuss
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When you apply for a job, you're given a letter of intent after selection
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This doesn't have any legal binding
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It has a very simple meaning
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that a company has shown intent of hiring you. You've to give the
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required information after that. Some companies ask for salary slips and other documents
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for verification and send you an offer letter after that. An offer letter is a proof that
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a company has offered you a job. And it is mentioned at which date you've to join
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If you don't do it on that date then it is considered invalid.
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On the day on which you join the company, you're given an
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appointment letter. And after filling in all the details
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and you give it to the company after signing
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is called a joining letter. When company and employee
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signs on this appointment and joining letter, a legal contract is formed
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This appointment letter becomes the basis of the employment.
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On the basis of this letter, probation period, notice period, the termination clause
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CL/AL breakup, everything's mentioned in that.
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And in some cases, companies add a line
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That this contract is valid for one year only
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If you are working in the same company after one year
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Then you can request HR for an extension. This letter is the proof that
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You joined the company on this date. But after this also, you are not
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a confirmed employee of that company. You will be on probation period for 3 to 6 months
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Its timing is different for every company
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You can see it in your appointment letter. Generally, it is for 6 months.
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And it is extended when it's needed. Now, what is the probation period?
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In the probation period, the company checks if the employee is worthy or not
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And employee checks whether the company is worthy of him or not
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Even though the probation period is 6 months, the company can terminate you without
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any reason. And an employee can also do the same.
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He can leave anytime without giving any reason.
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You get basic rights like National Minimum Wages,
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Sick leave, maternity leave. You don't get anything more than that. If the notice is
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mentioned in the appointment letter then you'll get otherwise you'll not get that also
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When you complete your probation period successfully, you get a confirmation letter.
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And then you get considered as a confirmed employee of the company.
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And the company cannot fire you all of a sudden.
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You get all the company benefits.
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And even if the company fires you, it has to follow the compliance
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Some companies get you to fill a bond at the time of joining.
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And the huge amount is written in that if you leave the company before a certain time
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Then you'll have to give this much amount. Some companies take the mark sheet also
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See the first thing is according to Indian law
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No company can bind you to any job. If the cases of bonds
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go to courts then if the company has spent money on your training
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And you'll have to leave the job because of some reason. Then, in that case, it will be
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seen till when you've done the job. An estimate will be made about how much profit
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has been incurred due to you and how much has been spent on your training.
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Assume 100 Rs were spent on your training and you've done the work of 80 Rs
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You'll have to pay the rest 20 Rs. And the money spent on the training will not work verbally
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The company has to prove everything. That this much amount has been spent
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on his training. And some startups make their bond on normal paper to scare the person
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The bond should be on stamp paper
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With proper notary.
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Otherwise, it will be considered invalid. 10 lakhs, 20 lakhs mentioned
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in the bond is just to scare you and the court understands this very clearly
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That this much amount is not spent on a new employee.
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If you see the old cases, then all the cases which go to court
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The results are always in the favor of the employee.
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The second is a non-compete clause. This means you cannot join the competitor
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So it's not like that. You can surely join even if you signed the bond
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But you have to pay attention to one thing that
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You shouldn't do any monetary loss to your current company
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Like giving their data to another company.
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Or start leaking information. You'll be in trouble in such cases.
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you are working with whatever company but you should know
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at what stage you are associated with that company
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Offer letter, appointment letter, joining letter, and confirmation letter
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All these letters are proof of a particular situation. If you see it carefully
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Then the company has control over all the things other than this.
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The company has the biometrics, a company can stop the email access anytime
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Your coworkers will not stand with you even if you are friends with them. These letters that you
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get are very important. You should keep them and try to read the terms.
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You must have a good understanding of English because these are in English.
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Now you'll say why will we learn English when we live in India? See I've told you
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that language is a medium to express your thoughts. That's why no language is bad
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The discrimination in the language is bad. You can learn anything according
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to your requirements. If you are in the corporate world then you'll have to deal with English
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That's why you should work on it from time to time.
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It's not about only letters. It also helps while interacting with clients
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CAMBLY can help you with this. CAMBLY is the only Indian app
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on which you can talk to a private tutor one on one
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All the tutors are native English speaker
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This means the people whose first language is English
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Like people from the US, UK, Canada
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This app is for the people who know English but cannot speak fluently
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This app has different learning stage options like business, IELTS, and personality development
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All the tutors are very supportive and nobody will judge your English
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So how are you? I am very well thank you.
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How are you? I am also good. Thank you.
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My name is Sam and I am from England
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Hi, my name is Nitish and I am from India. -Nitish from India
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Nice to see you.
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You can get a 22% discount by using my code "NR22"
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on any 3-month plan. I have provided the link in the description.
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Let's get back to the topic.
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Now you'll say that these offer letters and appointment letter
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are very important. All of us understood this.
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But when the company does not give a letter even after multiple follow-ups
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In that case what an employee can do?
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This happens especially in the case of startups.
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You are doing a follow-up for any letter. Let's take the example of an appointment letter
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You've joined the company, you are doing your job
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But then also HR is not giving you an appointment letter. In that case
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You have to copy from HR to your higher authorities in which you've to mention the name
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of the person to whom you are asking for an appointment letter and you have
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to write that I've been in the company for this much time I've performed multiple follow up
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Then also I didn't get an appointment letter. You have to keep a copy of this email with you
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After that, you don't have to do a follow-up. Now some people will say emails are not used
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In such cases, you will write a letter to your company and speed post it to the
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company's address and keep the receipt and copy of the speed post with yourself
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And any document which you aren't getting whether it is an offer letter confirmation letter
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Termination letter. You have to do this in every case. After this, you don't have
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to do a follow-up. This is proof. Now you are tied with the company for a long time
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And you are a confirmed employee. In that case, the company has to follow compliance
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for firing you. In fact, a bill was introduced in 2020, if a company terminates any employee
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Then it has to give him a salary for 9 months and the benefits.
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If this bill gets passed in the future then the companies tell you to resign now
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will play more tricks then. They will get you to give a resignation.
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And this is the reason when a company has to terminate you
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They don't give a termination letter, they tell you to resign
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And you do it very easily because you'll be threatened if you don't do so
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You are told that you'll be blacklisted and you'll not get a job.
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You don't have to be scared.
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You just have to know your rights. If you cause a problem in some cases
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Then the company doesn't terminate you but bans your entry
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And after 10 days, it shows in the compliance that
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This particular employee has been lost for the last 10 days without informing me.
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And make a case of astounding. That's why whenever you go on a leave
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Send an email. Even when you've good relations with the manager.
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Don't get happy that we don't have a system of email. We just inform them on the call.
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There were many cases when an employee left after informing but the company took
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advantage of it and made the case of astounding. You shouldn't trust anyone
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in the corporate world. But you should follow the rules. You may listen to these lines
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don't treat me like your boss, treat me like your friend. Don't get carried away with this
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When it will be upon you
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Then the same friend will make an astounding case with the company.
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Now you'll say that our system access and entry were stopped
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What can we do in this case? You'll have to do the same thing
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which you do in the case of the appointment letter and offer letter.
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You have to email. And if you are not getting email access
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Then you've to speed post and mention all the things
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You have to mention the names of all the people who are involved in this.
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And you've to complain to the Labour Commissioner within 90 days.
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You can complain online whenever you want. I'll provide the link in the description.
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There are toll-free numbers also. You can call them state-wise and register your complaint.
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And if someone's misbehaving with you during the process, then you can complain at a police station
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Even though the police officers don't file an FIR
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But take the receiving of the written complaint.
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Now you'll say that these companies are so big, they have money and great lawyers
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How can we survive against them? See, the Labour court understands this very well
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If you see the record then the Labour court gives the rights to the employees
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Second thing, there are many lawyers in the market who split the compensation
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and are ready to take your case. You don't have to think very much about this.
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The company's reputation is on the line more than yours. Due to some of your benefits
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The company will not damage its reputation in front of the labor code
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until and unless a huge amount is involved.
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I will say only one thing in the whole scenario whenever something like this happens
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Then you have to analyze and think if there is your mistake or not. If there's your mistake
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Then you can leave it with a mutual agreement with the company.
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You should do all these efforts when injustice has happened
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When someone has disrespected you.
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The biggest issue that arises in this is
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the performance.
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This is a competitive world. Deadlines must be chased.
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And the company is not there for the charity.
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They are here to earn money. So if you are not performing
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Then the company has every right to terminate you but not in an illegal way.
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Now, what is an illegal way? When a company misses a step and terminates an employee
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Then it's called illegal termination. An employee can take action against it.
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The company tells you to resign instead of giving you a termination letter so that you'll not
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get your benefits. Sometimes you cannot do as much buttering
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as the others. You are terminated after the same performance.
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And the ones who are performing less stay in the company. This arbitrariness
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And not following the rules is wrong. You can take action against this.
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If you are terminated due to performance then also it has a certain way
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Like you are told that your performance is bad
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Or you are put in a PIP program or any warning was given
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Or appraisal was done last year
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So it was told in the appraisal that your performance should be improved.
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Just saying verbally is not valid for the labor court.
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The employees on your level, their data is less. Your company has to give a proof of
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this. If your performance is bad then you'll be given a notice
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A warning will be given. After that also if you are not doing the work properly
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Then you'll be informed about the last date and you'll be given a month's salary plus DA
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You can encash your CL/AL, you will get gratuity if you are an employee for more than 5 years
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And if a company terminates you then it will give you a termination letter.
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It is very important to take that termination letter.
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The proper reason is mentioned in that. So that
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you can challenge it if it is wrong.
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You have to remember one more thing that people start writing
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wrong about the company on LinkedIn and social media after getting terminated
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You don't have to do this.
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Because the company can use this against you.
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That they have suffered the loss of their reputation because of you.
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They can demand compensation from you. So don't do anything like this
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Just take your rights simply. You just have to document everything
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You don't have to do questions and answers. And with this, you've to understand
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If a company has given you lay off or terminated you
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Both are different things.
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Sometimes it happens that the company doesn't have any work so it doesn't terminate you
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But it lays off you for some time. You can be laid off for a maximum of 45 days
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During lay off you get basic 50% plus DA
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After 45 days, rules of termination are followed and you get its benefit
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I will say one thing at last
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Especially for those who are entering the corporate world
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They will hear this line every month or two
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We are not a company, we are a family.
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Don't get carried away with all this.
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This is the corporate world.
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All things depend on profit and loss here.
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If a company is giving you 1000 Rs. It is giving you because you are
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Giving a work of 10000 Rs to it. If you stop giving a profit then the
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the same family will throw you out.
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If he has done some defaults
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