• Early release from job

Hi, 
4 months ago I joined one company and from now I did not get any work, I was seating idle. So I decided to move on for better profile and better career growth. Now I got one offer from another company and they want to join me immediately.
But my current company not releasing me early. I have 3 months notice period and i serve one month, rest I want to buyout the notice period.I am ready to pay for remaining notice period as per my offer letter. Still I did not get any proper response from HR team.
Please find below statement which is mentioned in my offer letter.

During the probation period, your employment with the Company may be terminated (i) by you, upon giving the Company three months’ written notice or at the Company’s discretion, payment of gross salary in lieu of notice or (ii) by the Company, upon giving you two months’ written notice or payment of gross salary in lieu thereof.
Asked 7 years ago in Labour

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4 Answers

1) it is at discretion of company to accept the shortall in notice period by payment of salary in lieu of notice period

2) since company has not accepted the shortfall you have to serve the notice period if you want a reliveing letter from the company

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

(1) by you, upon giving the Company three months’ written notice or at the Company’s discretion, payment of gross salary in lieu of notice or

above statement says that you may be terminated upon giving three months notice or on the discretion of the company. notice and discretion cannot run concurrently. you can give up this job after giving notice, completion of three months is not necessary because there must be balance between both parties. if one party has discretion so other party has also such discretion. if you giving it up maximum penalty is to recover salary of three months.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. Since there is a proper job contact which both of you executed willingly then both of your are bound by its terms.

2.However since you are not in a position to serve 3 months notice period you can ask for making payments to compensate.

3.In any event you can not mak a breach of this agreement at your sweet will and if you do then you may be asked to pay dmages in the event the company files any damage suit.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

The conditions of employment are very clear.

You should not resort to oral requests or email requests for resignation and release from employment.

You should write to the management about your decision to quit the job and would like to buy the notice period by paying the amount specified for the purpose.

If the management is not responding to your request then you can resort to legal course of action by first intimating the decision and demanding your dues including the relieving letter by sending a legal notice through your lawyer,.

After that also if there is no response or relief you may proceed with legal case as per law.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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