my current employer forcing me to buyout the notice period!

AIZA (Querist) 07 May 2021 This query is : Resolved
I am to join my future employer in 2 months as my notice period at my current employer is 2 months. However when I put my papers, My current employer is saying it will release me and I HAVE to buy out the notice period of 2 months! I am not comfortable doing so and I want to serve my full notice period as I am to join the next employer in 2 months
As per my offer letter, The Notice period and Termination clause is as follows
"After confirmation of services, either party may terminate the employment by giving a minimum of 2 months notice to the other party. The firm may, at its discretion, with or without conditions, agree to waive off this notice period requirement of 2 months either wholly or partly"
(There is no separate buyout clause)
Can the employer ask me to BUYOUT the notice period when I wish to serve the same?!

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Quick Summary

An employee is being asked by their current employer to buy out their two-month notice period, despite the employee wishing to serve it. The offer letter states the employer may waive the notice period at their discretion, but doesn't mention a buyout clause. Experts suggest that without a specific buyout clause, the employee may not be obligated to pay. Consulting a local lawyer is recommended for professional advice and to understand the implications of the employer's discretion to waive the notice period.

kavksatyanarayana (Expert) 07 May 2021
As there is no separate clause you need not buy out the period. Consult a local lawyer with a copy of the offer letter for further guidance to send a legal notice if necessary.

Pradipta Nath (Expert) 07 May 2021
Where is the Buy out clause?

Dr J C Vashista (Expert) 08 May 2021
Terms and conditions of employment shall have to be perused
.
It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

Advocate Bhartesh goyal (Expert) 08 May 2021
You are abide by terms and conditions of your appointment/offer letter but employer has discretion to waive this 2 months period with or without condition so if your current employer wants to waive this 2 months period can waive but he has to given you in writing.

ashok kumar singh (Expert) 08 May 2021
agreed with views of earlier experts, therefore no further comments so far.
thanks
ashok kumar singh, advocate.

T. Kalaiselvan, Advocate (Expert) 08 May 2021
The employment offer letter conditions are very clear that the employer may at his discretion waive this 2 months notice period partly or wholly.
If the employer waives the entire notice period then it is implied that you may have to pay the compensation for the unserved notice period.
You may better get the relieving letter, F&F settlement and experience letter before leaving the office so that the employer do not put hurdles to that effect when you would be needing them.
Further there is a danger of giving an adverse report against you when there is a background check conducted by your new employer to wreak vengeance against you by the old employer if you resort to any legal action against him before leaving this employment.;
You may take a wise decision at right time.

P. Venu (Expert) 08 May 2021
Yes, the employer has the option to waive. But, to my understanding, waiving the notice period does not entitle the employer to force the employee to buy out the notice period!

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