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The Right Way to Discontinue an Employee at Work Understanding the Difference Between Termination and Layoff

Difference Between Termination and Layoff

Introduction

Can a single word flip someone’s world upside down and change their employment future?

When a major Indian airline abruptly shut down in 2019, thousands of ground staff were left wondering: “Am I terminated, or just laid off?” That one word created confusion, delays in salary, legal proceedings, and weeks of uncertainty. This shows that knowing the difference between termination and layoff isn’t wordplay—it affects livelihoods.

In this guide, we’ll discuss:

  • What termination of employment means and its common reasons
  • How layoffs work under Indian labour law
  • The key difference between termination and layoff
  • A quick look at Indian labour laws guiding exits
  • Rules and steps for handling termination and layoff
  • A clear, five-step exit checklist
  • A real case study of what can go wrong 
  • Common mistakes and how to avoid them 
  • How Vishaal Consultancy Services can help 

Let’s dive in.

What Is Termination of Employment?

Termination is when an employer ends the employment permanently. On the final working day, the employee returns their ID, gets final pay, and the contract ends. Main reasons include:

  • Poor performance: Even after coaching and training, some roles don’t meet expectations. Letting someone go ensures the job is filled by someone who can deliver.
  • Misconduct: Theft, fraud, or violence trigger immediate dismissal after a fair internal inquiry. This protects colleagues and the company’s integrity. .
  • Restructuring: When the business evolves, some roles may no longer be needed. This is a strategic, permanent change.
  • Voluntary exit: A formal resignation also leads to termination since the employment relationship ends. 

Understanding Termination and Layoff

Termination and layoff both mean end of employment, but they differ in scale and reason. Termination usually refers to one employee and is often linked to performance issues, misconduct, or resignation. A layoff, on the other hand, involves multiple employees and usually happens due to restructuring, cost-cutting, or a business merger. It has nothing to do with employee performance. Understanding this difference helps ensure the right process is followed with clarity and fairness.

What Is Termination of Employment_

What Is a Layoff in Labour Law?

A layoff in legal terms, means a temporary break—not a permanent job loss. It happens when a company can’t give work not because of anything the employee did wrong, but because of things like a slowdown in business, power issues, or supply shortages. During this time, while the employee is still officially a part of the company but he isn’t expected to show up for work.

As per the Industrial Disputes Act, if someone’s laid off, they should get 50% of their basic pay plus dearness allowance for up to 45 days – that’s the rule. The idea is that once things improve, they can return to work.

But that’s not always how it plays out. Especially in mass layoffs or when a company is struggling, people often don’t get called back. And when the word “layoff” is thrown around without proper notice or legal steps, it creates a lot of confusion and sometimes even legal trouble. That’s why it’s so important for both sides to know what a layoff really means, and to handle it the right way.

When Do Layoffs Happen?

Layoffs usually happen when a company is dealing with genuine challenges and can’t continue business as usual. Here are some of the common situations:

  • Drop in orders: When there’s a sudden fall in demand, companies may be forced to slow down or stop operations until things pick up again. 
  • Shortage of power or raw materials: If key resources aren’t available, especially in manufacturing, work can’t go on as planned.
  • Natural disasters or unexpected crises: Events like floods, fires, or government lockdowns can disrupt normal functioning. For companies with more than 100 employees, prior government approval may be required in such cases
  • Business restructuring: During mergers, reorganisation, or internal restructuring, some roles may be put on hold or removed altogether as the company adjusts its structure.

In all these cases, the layoff is typically a temporary measure to manage a tough situation—not a reflection of an employee’s performance. As per the law, once business improves, the same workers get the first chance to return.

Spotting the Difference at a Glance

FactorTerminationLayoff
NaturePermanent endTemporary pause
TriggerPerformance, fraud, redundancyBusiness slowdown, shortages
NoticeRequired, except misconductNot always required 
PayFull and final50% wages for up to 45 days
RehireNo obligationRight to return when hiring resumes

Understanding this difference between termination and layoff helps you keep payroll clean, lowers legal risk, and treats people with dignity.

Want to avoid costly mistakes? Get in touch with us and get your employees done right.

Labour Laws in India—A Quick Round-Up

Labor laws in India are designed to protect both employers and employees. They offer clear rules for how employment should begin, continue, and eventually end whether it’s through termination or layoff.

  • Notice and compensation: Employers must give notice or pay in lieu, except for serious misconduct.
  • Layoff pay : Temporary layoffs require 50% wage payment for up to 45 days.
  • Government approval: Required for companies with over 100 employees.
  • Proper documentation: All exit steps like letters, records, payments, must be documented.

By following these laws, you not only stay compliant but also show your employees that they matter, even during difficult transitions.

Termination and Layoff Rules in India

India’s labor laws clearly outline what employers must do when ending or pausing employment.

When you follow the rules carefully, you avoid penalties and build a more trustworthy, respectful workplace.

Termination and Layoff Rules in India

Five-Step Exit Checklist

A well‑planned exit protects the company and also honors the person leaving. Follow these five steps to balance compliance with compassion:

1. Clarify the reason

Be clear from the start whether it’s about performance, misconduct, business pressure, or a crisis. Clarity helps shape the right process and communication.

2. Cross-check policies

Match your company handbook and employment contract with applicable laws. When in doubt, follow the law it’s your safest anchor.

3. Talk, listen, and record

Involve the employee, present the situation, hear their side. A respectful listening session can prevent misunderstandings later.

4. Give formal notice and record it

Issue a legally sound notice or layoff letter, citing relevant sections. Seek acknowledgement and maintain a clear paper trail—digital and physical.

5. Settle dues and show support

Pay full final settlement—salary, gratuity, leave encashment, PF—within the correct timeline. Provide experience letters and referrals, where possible. A little kindness goes a long way.

Common Mistakes to Avoid

Let’s be honest—exit processes are sensitive. The wrong choice or slip can hurt both the individual and your organisation.

    • Mixing up terms: Saying “layoff” instead of “termination” (or vice versa) can complicate benefit claims and legal clarity.
    • Poor communication: Waiting too long or being vague breeds anxiety. A timely, respectful approach shows you care.
    • Stale templates: Laws evolve. Using old letters can cause penalties. Keep formats current.
    • Missing deadlines: Late notices, delayed filings, or unpaid dues can attract legal consequences.
    • Overlooking the human aspect: Even a formal exit should be humane. A thoughtful gesture, like an experience certificate or thank-you note, shows respect.
Avoiding these mistakes isn’t about ticking legal boxes it’s about being fair, clear, and kind. The exit matters just as much as the entry
Common Mistakes to Avoid

Case Study: Misunderstanding Termination and Layoff

Remember the airline we spoke about at the start of this blog? Let’s now break down what actually went wrong and what we can all learn from it.
Incident:

In 2019, an Indian airline suddenly stopped operations. Over 10,000 staff were asked not to report, labeled as a “layoff.” But there was no return date, and salaries were delayed.

Violations:
  • Misused the term layoff when it was actually a termination for most employees
  • Failed to give proper notice or follow lawful termination procedures
  • Delayed salary payments and full-and-final settlements in breach of labour laws
Outcome:

Confused staff escalated claims to labour authorities. The airline faced legal scrutiny and major reputational loss. Though partial payments were eventually made, the damage to loyalty and brand trust was irreversible.

Mistakes like these go beyond paperwork they affect real people and their livelihoods. That’s why employers must follow the correct legal process with clarity and compassion. When you work with experts like Vishaal Consultancy Services, you get the guidance needed to handle employee exits the right way legally sound, transparent, and human-focused.

Unsure about how to manage a termination or layoff? Contact Vishaal Consultancy Services 

Conclusion

The difference between termination and layoff is not just about words. It affects an employee’s pay, legal rights, and how your company is seen by others. If not handled properly, exits can lead to legal issues, fines, or even damage your reputation.

Indian labour laws like the Industrial Disputes Act and Payment of Wages Act are clear—but they can feel complex when you’re managing exits. From notice periods to layoff pay, every step needs to follow the rules carefully.

That’s why expert guidance matters. With the right help, you can manage exits in a way that’s not only legally correct but also respectful and fair.

At Vishaal Consultancy Services, we support you at every step—with clarity, care, and full legal compliance. So, when in doubt, don’t leave it to chance. Let us help you do it right.

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