Early reliving from company

Akshay Mayekar (Querist) 21 February 2020 This query is : Resolved
I am working in cognizant Company as since last 3.5 years . I have got an apportunity in other company with good package .
As per cognizant policy I have to serve notice period of 60 days and I still have 19 pending leaves . If these leaves are adjusted then I can easily get freed on 6 of March .
Accordingly I had spoke to my team leader and manager but they are not accepting anything and denying for my early relief .
Pls advice me what shall be done coz I want to get early relief at any cost on 6 of March 2020.
Pls advice as it's an urgent issue .

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Quick Summary

An employee at Cognizant is seeking early release from their notice period to join a new company. While they have pending leaves, the company is refusing to adjust them against the notice period. The advice suggests that while leave adjustment isn't a right, employers typically cannot force an employee to serve the full notice period and may agree to a buyout option where the new employer pays the current employer in lieu of the notice period.

Raj Kumar Makkad (Expert) 21 February 2020
It is the prerogative of your employer whether he adjusts your pending leaves against the notice period or not. You cannot demand the adjustment as a matter of right.

P. Venu (Expert) 22 February 2020
Is such adjustment a company policy? Is it not possible to get early relief by buying out the notice period?

Dr J C Vashista (Expert) 23 February 2020
Generally employer do not accept / agree to adjust leave accumulated/ entitled with period of notice to leave the job.

Raj Kumar Makkad (Expert) 24 February 2020
Employer shall pay you against your pending leave as per company policy, if any.

T. Kalaiselvan, Advocate (Expert) 25 February 2020
There are hordes of companies in India (across sectors) that refuse to discuss or negotiate the notice period, which is anywhere between one month and three months.
Several top companies and recruiters believe that a two or three-month-long notice period is an effective retention tool, but employees look at it as a weapon being used by organizations to hold them prisoner.
It is understood that in the IT sector, especially when it comes to niche roles and related skill sets, it is extremely difficult to find replacements.
In India, no one can bind a person to an employment against his/her will or consent. 3 months notice period is actually hampering a person to apply and change job, because most of the MNCs don't wait so long; thus, it's limiting a person from opportunity to earn livelihood at a better workplace.
Mostly in cases where a company need a specific skill set for an employee on an urgent basis, they usually buy out their notice period so that the employee can join them at the earliest. By buy out it means they pay the other company on behalf of the employee his/her one month current salary.
1) There is no way that the company can force you to serve the full notice period. 2) The clause in the employment agreement usually states "ninety days' written notice or three (3) months' gross salary in lieu thereof". Therefore if you are willing to pay the company should not raise any objections.
You can leave the job by either giving notice or payment in lieu of notice. The relations between the employer and employee are primarily governed by the Appointment Letter. ... The Company cannot force you to serve the entire notice period.

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