1. You will have to adhere to the required notice period

2. Particularly when you have been working for this organisation for the past 12 years. So it is essential that a proper handover is done

3. Your manager has replied accordingly. There is nothing which you can do legally to waive or reduce the required notice period

4. You can speak to the manager/HR and request them to relieve on compassionate grounds

5. Simultaneously you must also request your prospective employer to extend the joining period

I would advise you to send a legal notice to your HR, requesting for a notice period buy-out.

State the last date of working , within which all the knowledge transfer need to be done.

Its your right to quit your job after following procedure and if your employer restrains you to do so, you can take him to court as it is against the provisions of Section 27 in The Indian Contract Act, 1872.

Mention that your last date of working remains non-negotiable, under every circumstances.

Often, discussions don't yield the result which a legal notice can.

There's a high chance that they'll waive it off after payment of a settlement amount, say 15 days salary.

Feel free to call.

it is at discretion of company to waive the notice period

2) if you do not serve the notice period company would not give you relieving letter

3) you can offer to pay salary in lieu of notice period but cannot force company to accept the same

in your resignation letter you have mentioned Although I understand that the applicable notice period is 90 days from the date of resignation, looking at my 12 years of association with the organisation and considering my personal reasons, I request you to allow me to serve notice period of 30 days and relieve me on or before 02nd June 2018 and to waive/recover balance days of notice period."

2) it is at discretion of company to waive the notice period

3) employer would not give you relieving letter if you dont serve notice period

1) You can get relieving letter on medical ground. On medical ground no one can stop you frim leaving the company.

2) Now you give additional letter saying elaboration of personal reason. And give your personal reason as medical reason any heavy disease you couldn't sit on chair for more than 2 hours.

1. Can I exercise this clause and pay for my notice period to get early relieving ?

Answer: This clause is giving discretion to the HR department or your employers to decide whether you can pay salary and terminate your services;

2. Does the employer can deny accepting notice pay (as it is not mentioned in the HR guideline that the notice pay would be accepted on employers discretion) ??

Answer: Yes the employer has full discretion in that matter;

3. what action the employer may take if I inform them a last date of working (truncating notice period) mentioning that I would pay for the balance notice period as mentioned in HR guidelines

Answer: You can try surrendering your salary and bonus as a compromise for giving you the relieving letter;

This is my response to you:

1. Make sure you surrender your salary and bonus and other amenities to quit your current job;

2. If they agree to the same then ask them for your relieving letter;

3. Ask them to consider your special case;

4. Now, if you leave the current office without completing the notice period, they could initiate action against you;

5. They may send you a legal notice;

6. If they want to harass you then they might even file suit of recovery (less likely this will happen);

7. The best option is to settle the matter at the personal level and sort it out.

1. Yes

2. They can deny it. That's more reason for your legal notice to be very prim and proper, also containing the provisions Section 27 of the

Indian Contract Act.

3. They really cannot do anything more than recover salary for the remaining notice period.

It clearly indicates that the employer is taking a vindictive action against the exiting employees in order to put pressure on them by such threats and to spoil their future career with some other employer.

You can resort to legal action by approaching the labor commissioner seeking his intervention and relief or send a legal notice demanding the reliving letter as per your your original resignation letter citing the invoking the condition in the employment offer letter.

1. You can pay the compensation in lieu of the notice period as per the conditions of the employment.

2. He may deny to accept the same but you can resort to legal action on such a situation as per law.

3. You can inform about this decision to pay the notice period in advance , why do you have to wait till the last date.

You will get to know the intention of the employer before hand which would enable you to resort to legal action on this.

You can resign before notice period you need to pay the notice period salary.

1. Ask your future employer whether they will accept you reporting for duty without the release letter issued by your present employer and on receipt of the proof that you have served notice for a period of 30 days and have paid salary to the Company for the balance period in lieu thereof or not.

2. If they accept your such reporting without any release letter issued by your present employer, then send your present employer your two months basic pay in lieu of the balance notice period which you did not serve with them.

3. No adverse action can be taken by your present employer legally if you pay the basic salary to them in lieu of your balance notice period.

4. If your next employer refuses to accept you with out the release letter from your present employer then withdraw the resignation letter, if possible.

1. First of all ask your next employer whether they will accept your reporting without the release letter issued by your present employer or not and your next course of action will depend on it. since your present employer might refuse to issue the release letter on some ground or other or with no ground and you won't be able to join your next employer. If you are accepted without the release letter from your present employer, then send then the DD towards payment of your salary in lieu of your balance notice period by speed post on the last day of your working and collect delivery report from the net for the said mail..

2. It hardly matters if they deny or accept. What matters is that you have sent them the salary in lieu of your balance notice period.

3. You have already informed your date when you want to get6 relieved. You need not inform them any further.

4.However, your such leaving the company will ensure that they will not issue you the release letter and your next company should be ready and willing to accept your reporting for duty with them without insisting for the release letter from your present Company.