Legal validity of notice period in employment

Querist : Anonymous (Querist) 23 July 2020 This query is : Resolved
Dear sir/madam,

I have resigned from my current organization where notice period is 3 months but I am asking them to relieve me in 2 months and for rest 1 month, I am ready to pay amount. However, management and HR of the company are not agreeing and they are saying that you will have to serve 3 months notice period compulsory and no option of buy out. Even in terms of employment contract it has mentioned that 45 days buy out option is available with manager approval but not no body is agreeing to give the approval. They clearly told that you will have to serve 3 months notice period without any single day relaxation. What remedy I have to leave early from the organization??

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Quick Summary

An employee resigned with a 3-month notice period but requested to leave after 2 months, offering to pay for the remaining month. Despite the employment contract mentioning a 45-day buyout option with manager approval, the company refused, insisting on the full 3 months. Legal advice suggests exploring legal action or negotiating the buyout, though court cases can be lengthy and uncertain. It's advised to consult a local advocate to understand specific rights and options.

SHIRISH PAWAR, 7738990900 (Expert) 23 July 2020
Hello,

You can take legal action against the employer. Contact local advocate and show your appointment letter and discuss with him.

Rajendra K Goyal (Expert) 23 July 2020
You have two options:

a) Serve full 3 months notice period and say peaceful and happy goodbye to the employer. It seems there would be no problem in getting Full & Final settlement.

b) Request the company to accept 45 days bye-back as per rules. As company is not agreeing, may be not a right of employee. It may heldup your F & F settlement. You have to take help of lawyer, send notice and file case in court. Decision may take 2-3 years with no confirmation of decision in your favor, you may have to visit court on dates.

Choice is yours, yet amicable solution is always better.

P. Venu (Expert) 25 July 2020
When there is a buy out option, it cannot be denied unilaterally and without any vakid reason.

Dr J C Vashista (Expert) 26 July 2020
Repeated query with modified subject at https://www.lawyersclubindia.com/experts/employer-forcing-to-serve-the-notice-period-720656.asp
It is absurd and ridiculous to repeat same story and unsuccessful attempt of befooling experts.

Rajendra K Goyal (Expert) 26 July 2020
Repetition should be avoided. Not a good habit. any subsequent question on the query should be posted in the same query.

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