Anonymous
I am working in an mnc company. There are no projects i was resigned in Feb 1 2023
But all of sudden i got termination slip without any reason. Not only for me our team got 62 people are laid off.

My question was termination & layoff are same?

From India, Chandigarh
Hi

Both are different.

Termination of an employee will be on following grounds.

Poor performance
On grounds of misconduct
For not reporting to duty without information.

So termination will took place if there is a issue with employee but even such cases proper disciplinary process to be followed including domestic enquiry. Employee should be provided with sufficient opportunity to defend his or her as per principles of natural justice.

Layoff take place when employer intent to close his business or no work to carry out in the establishment.

Termination will have impact on the future of employees whereas in layoff it is not employee's fault.

Termination for no projects is not right.

From India, Madras
In a generic sense, the terms " lay off " and " termination " as used in the realm of employment across the world means the same indicating the termination of employment of any number of persons particularly due to lack of work at the instance of the employer.
But, according to the Industrial Disputes Act,1947, it is a temporary cessation of employment of any number of workmen employed in an industrial establishment because of the failure, refusal or inability of the employer due to certain specific reasons mentioned u/s 2(kkk) of the Act. The distinction is that there is the subsistence of the contract of employment during the entire period of lay off and payment of lay off compensation subject to certain conditions.
In the scenario described in the initial post, it is termination of employment amounting to retrenchment in respect of those who did not resign their jobs..

From India, Salem
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